Pennsylvania & New Jersey Workers’ Compensation Lawyers
*The Attorneys at the Law Offices of Eric A. Shore only handle Workers’ Compensation cases in PA, NJ & MD.
Those who are injured at work or while performing work duties or who develop occupational diseases stemming from their work environment are protected by Workers’ Compensation laws. Each state has laws that provide medical care and wage replacement benefits to workers in exchange for workers relinquishing their right to bring a lawsuit for negligence against the employer. Negligence is generally not an issue in these cases unless negligence by a third party unrelated to the employer contributed to the accident or injury. Each state, however, has its own rules and guidelines regarding Workers’ Compensation claims and disputes. Most Workers’ Compensation insurance is provided by private insurance carriers that will process a claim and provide benefits under state laws.
You should report any injuries sustained while performing your work duties as soon as possible to your supervisor or employer. It is against the law for an employer to retaliate against you for reporting such an accident, injury, or occupational disease. Workplace accidents can occur in any work environment, from office suites to retail stores to industrial sites to construction sites. They can also occur as traffic accidents while driving a company vehicle as part of your job. Repetitive-motion injuries can also develop through workplace duties, such as back injuries due to repeated lifting or carpal tunnel syndrome. Occupational diseases can develop due to toxic substances in the workplace; these diseases can affect the airways, skin, lungs, bones, eyes, and other body parts and systems. Black lung disease is an example of an occupational disease suffered by coal miners.
Federal workers are protected under four major disability programs through the Department of Labor. These compensation programs provide wage replacement, medical care, vocational rehabilitation, and other benefits to federal workers and their dependents in cases where the worker has suffered a workplace injury or occupational disease.
If you are injured at work while performing work duties or have developed an occupational disease stemming from your work environment, you may be protected by federal or state Workers’ Compensation laws. As an employee, you are entitled to a safe working environment free from employer discrimination, religious discrimination, or LGBTQ discriminations. You must prove that your condition or injury is work-related. The claim may be denied by your employer’s insurance company. In many instances, your claim can only be won through settlement negotiations or trial. If your job has caused you injury and you can’t work, contact one of our knowledgeable Workers’ Compensation lawyers in New Jersey, Pennsylvania, or Maryland to discuss the medical benefits, monetary compensation, wage loss, and partial and total disability payments you may be entitled to.
Legal Assistance for Workers’ Compensation Claims and Appeals
Filing a claim for Workers’ Compensation can be complicated and frustrating. Your employer’s insurance carrier may try to deny your benefits with many different tactics, such as asserting that you were not injured at work, that your condition does not warrant compensation, or that it was a pre-existing condition.
If you believe you have been unjustly denied, an experienced Workers’ Compensation lawyer at the Law Offices of Eric A. Shore can provide the legal help and guidance you need. Submit an online contact form or call 1-800-CANT-WORK.
Employees have many rights in the workplace, which are mandated by both state and federal laws. These include the right to Workers’ Compensation, to be free of discrimination by employers, and rights under wage and hour laws.
Accidents can occur in any type of workplace, from an office to a warehouse to a construction site to a traffic accident while driving a company vehicle in the performance of one’s duties. When you are injured while on the job, you are generally protected by your state’s Workers’
Why Do You Need a Workers’ Compensation Attorney in Pennsylvania?
Hundreds and thousands of injured workers file compensation claims in their respective states yearly. You may have heard that workers’ compensation may help you get back on your feet and recover lost pay if you are injured on the job. To comprehend the complexity of workers’ compensation claims, trials, and medical exams, retain our professional workers’ compensation attorney in Philadelphia, PA.
We have the experience and specific knowledge to handle trials, present your case at state board hearings, and negotiate a settlement using your medical data. Employees’ compensation is an essential US Department of Labor initiative that protects injured workers.
You’re Exhausted or Confused by the Filing Process
Understanding legal language and the processes for submitting a claim for workers’ compensation might appear futile. You may be overwhelmed by the filing procedure and unsure where to start. Let an attorney from the Law Offices of Eric A. Shore handle this procedure on your behalf. We know the ins and outs of the workers’ compensation system due to our years of expertise.
Your Employer Lacks Workers’ Compensation Insurance
Your employer may be required by law to acquire and pay for workers’ compensation insurance. Suppose you were injured on the job and learned that your company lacks this insurance. In that case, you must retain our knowledgeable Philadelphia workers’ compensation attorney. We will assist you in understanding any benefits or choices to which you may be entitled.
You Have Different Opinions From Your Employer
Your employer may question the presence or severity of your injury. Due to these factors, they may find your workers’ compensation case objectionable or retain their attorney to contest your claims. We may sift through your medical information and assess your circumstances to strengthen your legal case.
You Have Excessive Medical Expenses
As a result of your injuries, you may incur high medical costs and unanticipated expenses that even medical specialists may fail to anticipate. Consequently, your lost salary benefits may not be sufficient to cover all of these costs. Our workers’ compensation attorney in Philadelphia, PA, is familiar with the precise procedure for calculating your claim and requesting the necessary medical coverage.
Your Employer Rejected Your Benefits and Have Been Reevaluated
Your claim might be rejected. Our Philadelphia workers’ compensation attorney could assist you through the appeals process if your claim is denied. There may also be a delay in receiving benefits. With us as your advocate, you won’t have to worry about pursuing what is rightfully yours. We can backtrack and determine what went wrong. Our years of legal knowledge ensure that your file contains all the necessary paperwork and a case action plan to get benefits.
After collecting benefits, you may believe that the fight is done. However, your employer’s insurance provider may seek a reevaluation to determine whether your health has improved or demonstrate that your injury is no longer incapacitating or present. Receiving a request for an examination might feel intimidating or overwhelming. However, we can assist you in navigating this surprise so that you continue to obtain the necessary benefits.
What Happens If My Employer Refuses to Pay for My Injuries?
In addition to many other considerations, one of the most important aspects of a workers’ compensation claim is that the injury occurred on the job or while performing work obligations. If your employer disputes that the injuries happened on the job, you must seek the assistance of our competent Philadelphia workers’ compensation attorney. We can assist in establishing that your injury occurred on the job.
Disparities in Employer Actions
Injuries can happen at any time, and as an injured worker, you have the right to make a claim for workers’ compensation and receive lost income. The loss of an employee or the presence of an injured employee may cause some employers to worry. Due to such incidents, employers may act aggressively against their staff. Such behavior may be threatening to injured workers.
Other times, employees may be terminated by force just so the employer can avoid paying for injuries. If your employer behaves this way, our competent workers’ compensation attorney in Philadelphia, PA, can include this evidence in your workers’ compensation case. We can assist you in safeguarding your claim and job security at this challenging time.
What is the Workers’ Compensation Law?
Regardless of their injuries, workers are entitled to workers’ compensation payments under workers’ compensation law. Employees must promptly report an accident to their employer and seek a medical practitioner to determine the degree of their injuries. The US Department of Labor stipulates that employees have 120 days to disclose an accident to their employer. Therefore, you should not delay contacting our skilled workers’ compensation attorney in Philadelphia, PA.
Who Are Entitled to Receive Workers’ Compensation Benefits?
All Pennsylvania-based workers are eligible for workers’ compensation. Workers’ compensation kicks in when an employee is injured on the job and entitled to medical and wage loss benefits. The following employees are not eligible for workers’ compensation:
- Federal workers
- Railroad workers
- Sole proprietors
- Domestic service employees
- Agriculture workers
- Casual laborers
Suppose you fall into one of these groups. In that case, there is a potential that the Federal Employee Compensation Act may protect you. You have the option to obtain a private kind of workers’ compensation at your own expense if you are a domestic worker. Significantly, the state restricts the amount of workers’ compensation payments a person can get.
What Types of Injuries Does Workers’ Compensation Cover?
Workers’ compensation covers a variety of injuries resulting from job accidents.
Typical Workplace-Related Injuries
- Broken bones
- Abrasions, lacerations, and puncture wounds
- Traumatic head and brain injuries
- Knee injuries
- Ladder and scaffolding-related injuries
- Whiplash and back injuries
- Nerve injury
- Accidental fall injuries
- Strains and sprains resulting from overexertion
Additionally, workers’ compensation covers medical illnesses that develop over time due to occupational hazards or situations.
Typical Occupational Hazards and Situations
- Asbestos Exposure
- Computer vision difficulties
- Lead exposure
- Mental stress
- Radiation exposure
- Toxic exposure
- Heart attack or stroke
What Are the Different Workplace Injury Benefits Under the Pennsylvania Workers’ Compensation Act?
The Pennsylvania workers’ compensation legislation provides numerous workplace injury benefits to employees suffering from occupational diseases or injuries. Workers who sustain injuries are entitled to compensation for reasonable and required medical care, such as
- surgical and medical services
- medication and supplies
- hospital treatment and services
- orthopedic equipment
Your employer must provide medical benefits for any reasonable, necessary, and work-related treatment, including prescription prescriptions, physician visits, hospital stays, surgical care, and medical equipment.
Even if you have not missed any work due to a work-related accident or sickness, you still pay the fee schedule for medical treatment. “Balance billing,” or the difference between the health care provider’s charge and the amount paid by the employer or insurance carrier, is prohibited for employees. However, you may be susceptible to balance billing if you seek medical care outside of the Commonwealth of Pennsylvania. Before therapy, you should discuss this with your physician.
Wage Loss Benefits
You are entitled to lost wages if you are unable to work for some time (temporary total disability) or are unable to return to a position or employment at the same income level achieved before to accident (partial disability). The standard weekly maximum for Wage Loss Benefits is two-thirds of the average weekly wage.
Specific Loss Benefits
You may be eligible for specific loss benefits if you have suffered permanent injuries due to a workplace accident or hazardous situation. The number of specified loss benefits is determined under the tables established in the Pennsylvania Workers’ Compensation Act. Regardless of whether or how long you lost work due to your employment accident.
You may still be eligible for a specific loss award even if you have returned to work and no longer incur a wage loss.
The Pennsylvania Workers’ Compensation Act stipulates that dependent survivors are entitled to all work-related benefits if a work-related accident or sickness ends in death. Regardless of whether your death was caused by a workplace accident or a consequence of an injury.
How to File for Workers’ Compensation Claims in Pennsylvania?
When an accident happens on the job in Philadelphia, the Pennsylvania Workers’ Compensation Act governs the payment of compensation. The Act automatically protects most workers, but you may lose your benefits if you fail to comply with the filing requirements. Even if you believe your injury is minor, you should seek medical assistance immediately if you are involved in a workplace accident.
Occasionally, the extent of a wound is not immediately apparent. Cuts can get infected, and other injuries can lead to more severe health issues in the future. A medical practitioner must document the first injury for you to get the pay, health, and medical benefits to which you are entitled. The following steps describe how to file a claim for workers’ compensation:
- Inform Your Supervisor About Your Injury. Employers in Pennsylvania must post form LIBC-500, which must provide the name, address, and phone number of their workers’ compensation insurance carrier, administrator, or internal contact person. Follow the provided steps. If you disclose your injury within 21 days after its occurrence, you may be entitled to retroactive payments. Suppose you fail to inform your injury within 120 days of the event. In that case, you may forfeit your access to workers’ compensation benefits.
- Record Your Injury. In addition to medical treatment summaries and other medical documents supplied by your doctor, it may be good to keep a personal journal of any pain or other concerns resulting from the accident.
- Consult With Our Philadelphia Workers’ Compensation Attorney. With our skilled workers’ compensation attorney in Philadelphia, PA, on your side, readjusting to daily life will be considerably less complicated. Leave the defense to us so you can focus on healing.
- Adhere to All Prescribed Medical Therapies. Attend all scheduled visits, including physical therapy and rehabilitation sessions. The Law Offices of Eric A. Shore provide comprehensive representation for injured workers throughout the process. We recognize that time is not on your side. Therefore we make every effort to file your documents as soon as possible. To book a free consultation, you may call us at any time or email us online.
What is the Duration Wherein I Can Collect Workers’ Compensation Benefits?
The duration of your workers’ compensation benefits is mainly determined by the severity of your illness or injury. While each Pennsylvania workers’ compensation case is unique, your condition will usually be classified as either total or partial.
The condition of total disability applies to workers who are incapable of working. After 104 weeks of benefits, your employer may seek a medical evaluation to determine if you satisfy a particular level of disability. Suppose it is judged that you will never be able to return to work. In that case, you may be eligible for lifetime Wage Loss Benefits or be granted a lump-sum payout.
Partial disability status allows you to receive Wage Loss Benefits for up to 500 weeks if you can or return to work following the approved work limitations in a lower-paying job. The overall number of weeks for which you will receive disability payments depends on the kind and severity of your injury.
You may also be granted a lump-sum payment if you have suffered a severe disfigurement, such as losing a limb or body part. To learn more about the duration and types of workers’ compensation benefits, you may be eligible for, consult our knowledgeable Philadelphia workers’ compensation attorney.
What Are the Common Reasons Why a Workers’ Compensation Claim Was Denied?
It is always difficult to file for workers’ compensation; nevertheless, a denied claim can aggravate the difficulty. A claim for workers’ compensation may be rejected for several reasons, including:
- Exceeding the limit on time
- No medical diagnosis
- Insufficient medical evidence
- Intentional injuries
- Inadequate information
If you are rejected workers’ compensation, you may experience wage loss and a buildup of medical expenditures, which might result in financial difficulties. Nonetheless, a worker can appeal any workers’ compensation verdict.
How Does Workers’ Compensation Cover Wage Loss?
When a worker cannot fulfill their regular job obligations, the beneficiary may receive up to two-thirds of their usual weekly pay. Other earnings can offset this compensation, including severance pay, unemployment compensation, and social security benefits. State Workers’ Insurance Funds or private insurance firms pay out these benefits. Workers are only eligible for wage loss payments if they have been disabled for more than seven calendar days, with the first day of compensation accruing on the eighth day of disability.
Suppose a worker is disabled for more than 14 calendar days. In that case, they are entitled to compensation for the first seven days of impairment. When an accident is immediately reported, a worker should expect to get their first workers’ compensation payment within three weeks. In addition, a worker who suffers a permanent loss of body function will be eligible to receive an extra amount, determined by the severity of the loss.
There are several ways that workers’ compensation benefits might expire. Suppose an employee returns to work at the same pay rate as before an injury. In that case, the employer must terminate the worker’s compensation. Additionally, employees lose workers’ compensation benefits if an employer or insurance company considers a work-related claim inappropriate.
Moreover, workers’ compensation can be terminated by a court following a worker’s hearing or if a worker’s disability status expires after receiving the maximum award.
Contact the Law Offices of Eric A. Shore for a free assessment of your case if you or a loved one has been cut off from workers’ compensation.
What is the Duration of Workers’ Compensation?
The length of time a person injured on the job can anticipate getting workers’ compensation depends on several variables, including the severity of the injury and the rate of recovery. Your employer might ask you to undergo what is known as an Independent Medical Exam (IME) after two months of receiving workers’ compensation payments.
During an IME, you will be evaluated by a company physician, who will assess if you are fit to return to work at a total capacity or a reduced capacity. In this case, your employer may submit a petition to terminate or alter your benefits or give you a lighter-duty position. Suppose your employer has informed you that you must take an IME. In that case, you should call our professional Philadelphia workers’ compensation attorney to preserve your legal rights and prevent your company from removing your benefits.
The Law Offices of Eric A. Shore recognizes that returning to work when you are still too disabled to do your duties can generate great concern. Whether you have been summoned to an IME or your benefits have been improperly suspended or amended, our experienced workers’ compensation attorney in Philadelphia, PA, is available to assist you.
What Should I Do Upon Receiving a Workers’ Compensation Payments Termination Letter?
Did you get a letter regarding the modification, suspension, or termination of your workers’ compensation payments? You have alternatives, but stringent legal deadlines require prompt action. Please do not contest a notice to modify, suspend, or terminate employment without contacting our experienced Philadelphia workers’ compensation attorney first. The “employee challenge” section of the notification may appear to be a simple and direct administrative form, but it is not.
Enlisting the Legal Assistance
When you submit this form, you are effectively initiating a case requiring you to attend many court sessions, gather reams of medical documents, and depose your treating physicians. Typically, the procedure takes a year or more costs thousands of dollars, and pits you against high-powered insurance company attorneys. Don’t be frightened. Our skilled workers’ compensation attorney is available to assist you. We have extensive familiarity with the workers’ compensation appeals procedure.
We are familiar with the strategies employed by insurance companies to reduce your injuries and deny your workers’ compensation appeal. Call us immediately so we can fight for the necessary workers’ compensation benefits. When you retain our services, we manage every aspect of your appeal and keep you updated at every stage. Our qualified workers’ compensation attorney in Philadelphia, PA, wants you to be able to focus on what is most important: getting and feeling better.
Can I Receive Unemployment Benefits While Receiving Workers’ Compensation?
Due to a work-related injury, a Pennsylvanian worker may be eligible for unemployment and workers’ compensation in certain circumstances. Nonetheless, any benefits earned besides workers’ compensation would “eat away” at the overall sum paid via workers’ compensation. Consequently, even if an individual is eligible for both workers’ compensation and unemployment, the unemployment payment will be subtracted from the workers’ compensation total. Such a case makes the amount of both benefits equivalent to getting workers’ compensation alone.
The Disadvantage of Having Both Benefits
The major disadvantage of getting both benefits is that unemployment has an expiry date. Each worker is entitled to a tight lifetime maximum of unemployment benefits, which will diminish once the worker begins to collect unemployment. It may not be prudent to obtain both unemployment and workers’ compensation. However, suppose a worker’s compensation payment is at risk of being lost or suspended. In that case, they might consider applying for unemployment benefits as a backup plan.
If you are presently receiving workers’ compensation but are concerned that your case will be denied, call our legal office immediately for a free consultation on your eligibility for unemployment benefits.
Will It Be Best to Get a Settlement From Workers’ Compensation?
Under Pennsylvania law, you may be eligible for a lump-sum settlement if you have received workers’ compensation payments for at least four months following a work-related injury. In place of your weekly workers’ compensation check, medical benefits, or both, settlements are one-time payouts. Do not attempt to negotiate a settlement for workers’ compensation. The conditions of your settlement might be advantageous or disadvantageous, and insurance companies will exploit whatever you don’t know or understand against you.
For some injured employees, chasing a single sum of money is the best course of action. Still, for many others, a settlement is more favorable. A workers’ compensation settlement may not be your best option if any of the following apply:
- Your injuries will likely worsen or lead to a subsequent ailment such as arthritis
- Your wounds will keep you from working for years in your present occupation or profession
- You will likely require serious medical care or surgery soon
Understanding lump-sum benefits and determining if taking one is in your best interest requires our assistance. Allow our competent Philadelphia workers’ compensation attorney to fight for the just compensation you deserve. Call us now for a free consultation.
How Can Our Knowledgeable Philadelphia Workers’ Compensation Attorney Help?
When you cannot work due to a workplace accident or injury, our knowledgeable Philadelphia workers’ compensation attorney can assist you in obtaining compensation so that you do not have to worry about your family or your future. Several procedures are involved in submitting a successful workers’ compensation claim. The Law Offices of Eric A. Shore will guide you through the process to guarantee that you obtain benefits, including lost income, from workers’ compensation.
Our experienced team has assisted clients in the following ways:
- Submit a claim
- Identify the actual reason for your accident
- Document your medical condition to demonstrate if and when you may return to work
- Manage calls from attorneys of insurance companies
- Examine the types of settlements for which you may qualify and decide which is in your best interest
- Deal with third-party claims
- Appeal to the denial of benefits
- Assist with adjustments to benefits
It is not uncommon for an employer’s insurance provider to offer a lump sum payout to an injured worker without legal representation. Typically, the offer is less than the amount to which the injured employee is entitled. Suppose you are qualified for workers’ compensation and seeking a lump-sum payment. In that case, you should first consult with our experienced workers’ compensation attorney in Philadelphia, PA, to accurately assess your claim’s total worth.
Call our Reliable Philadelphia Workers’ Compensation Attorney Now!
Filing a claim for workers’ compensation can be complicated and frustrating. Your employer’s insurance carrier may try to deny your benefits with many different tactics, such as asserting that you were not injured at work, that your condition does not warrant compensation, or that it was a preexisting condition.
Suppose you believe you have been unjustly denied. In that case, our experienced Philadelphia workers’ compensation attorney at the Law Offices of Eric A. Shore can provide the legal help and guidance you need.