Workers Compensation
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When anyone suffers an injury while performing a job for an employer that person is entitled to workers' compensation benefits, including benefits for lost earnings if time and wages are lost because of the injury, and payment of medical expenses for treatment of the injury. Wage loss benefits can last until you return to work. If someone is killed as a result of a work place injury, death benefits may be paid to the person's dependent family members, such as spouse and children. In Pennsylvania any employer who has employees must have workers' compensation insurance coverage. This is true even if there is only one employee. Failure of an employer to have workers' compensation insurance is a crime in Pennsylvania. Recently, the Pennsylvania Legislature passed a statute which provides a fund in which persons who are injured while working for an employer who does not have insurance, can still recover workers' compensation benefits. Even if your employer tells you he has no workers' compensation insurance, you still can pursue a workers' compensation claim to recover lost wages and medical expenses.
There are many definitions of what is a work related injury. Generally, it includes any injury which occurs while performing work activity for the employer, even though it does not happen on the employer's property. It does not matter if the injury is caused by the fault of the employer or the injured worker or some other person. The Workers' Compensation Statute is designed to provide coverage for anyone injured on the job. There are certain exceptions, involving persons who were horsing around or were on drugs or alcohol at the time of their injury, which could prevent benefits from being paid. Otherwise, all injured workers are covered.
The Workers' Compensation Law was originally designed to be simple 50 that injured workers would receive benefits quickly from the employer or the employer's insurance company. Unfortunately, over the years, workers' compensation has become extremely complicated. It would be a mistake for an injured worker not to have an attorney who is very familiar witl1 workers' compensation law involved in their claim from the beginning. There are many pitfalls and traps which can cause injured workers to lose benefits and rights, without even knowing why. It is important to have an attorney who knows workers' compensation law thoroughly and who is willing to fight insurance companies to obtain rights and benefits. I have been performing this work for thirty (30) years and have handled hundreds of cases personally.
If you have experienced an injury while on the job in the Lehigh Valley or its surrounding areas, you should contact an experienced attorney to discuss your case. Please call the number listed below and schedule an appointment or telephone consultation.
If you think you might have a workers' compensation claim because you are injured on the job, you should immediately report the injury to your employer. If possible, the injury should be reported in writing and you should keep a copy of the report for yourself as proof that notice of the injury was given to the employer.
The employer is required to provide you with a list of doctors in various specialties who can provide medical treatment for you. If the employer does not have such a list, then you are able to see any doctor for treatment.
You should cry to file a workers' compensation claim as soon as possible. A delay on your part could lead to delays in your receipt of workers' compensation benefits.
Workers' Compensation cases can be settled. This involves a procedure called a Compromise and Release. This could include settlement of medical benefits or lost wages or both. A settlement can only be achieved if both parties agree to the amount or the process for payment of the claim. The amount of the settlement depends on many different factors. We offer a free case analysis to determine whether settlement is a good idea in your case.
Sometimes there is an overlap between workers' compensation benefits and social security disability benefits.
Richard D. Director Esquire
Attorney At Law
352 5th Street, Suite A | Whitehall, PA 18052
Phone: (610) 439-1855
Fax: (610) 776-0510
E-mail: rddrdd@aol.com
We handle both of these types of claims and can assist in sorting out the procedures involved in both situations. Sometimes an injury occurs in the course of a person's employment, but is caused by a third person who is not a co-employee. For example if you are driving a car for your employer and you are stock by another driver. You may have a claim against your employer for workers' compensation benefits and at the same time have a separate claim against the other driver for injuries which have been caused. There are different type of claims which can be made against these different parties. Once again, it is important to discuss these types of cases with an attorney familiar with both areas of the law so that benefits can be coordinated. We have been handling these types of claims for over thirty (30) years.
Phone: (610) 439-1855
Fax: (610) 776-0510
E-mail: rddrdd@aol.com