Northampton Township presents numerous opportunities for workplace injuries. However, most individuals who sustain these injuries can obtain Workers’ Compensation.
Workers in all different fields are at risk of getting hurt, whether it is from a sudden accident or from making the same motions repeatedly over time. Luckily, there is help available in the form of Workers’ Compensation benefits to assist with the healing process after a workplace injury. It is important to verify that your specific job is covered by Workers’ Compensation before relying on these benefits.
For a free case evaluation with our Workers’ Compensation attorneys, contact Lerner, Steinberg & Associates today at (215) 355-6400.
Employees That Can Qualify for Workers’ Compensation in Northampton Township
If a company in Northampton Township has a minimum of one employee who works at least 40 hours per week, they must offer Workers’ Compensation coverage. Those who work for a Pennsylvania-based company and suffer an injury while on the job can file a claim, regardless of the location of the injury, as long as they have an employer-employee relationship.
There are certain industries or job positions that might not fall under the protection of Workers’ Compensation, leaving employees vulnerable in the case of a work-related injury. Domestic servants and seasonal agricultural workers, for instance, are often excluded from coverage. Similarly, Federal employees like railroad workers and those working for religious organizations are also not included. Additionally, some commercial truck drivers and rideshare drivers, such as those working for Uber and Lyft, are typically not covered by Pennsylvania’s Workers’ Compensation law due to their status as independent contractors, which does not establish a traditional employer-employee relationship.
How to Claim Workers’ Compensation Benefits in Northampton Township
In Northampton Township, it is mandatory for employers to provide Workers’ Compensation benefits to their staff if they sustain injuries during work hours. Generally, employees would inform their employer and apply for Workers’ Compensation benefits, which provide medical costs and lost earnings due to absence from work. However, this type of compensation usually restricts workers from taking legal action against their employer regarding work-related injuries.
It is important to note that the first three months following an injury caused by dangerous work conditions are crucial. When an employee gets hurt, they usually receive a Temporary Notice of Compensation Payable, which confirms that their employer will cover their medical expenses and lost earnings. However, it is possible for an insurance company that covers an employer to withdraw Workers’ Compensation benefits within the initial 90 days.
In some cases, your employer might give you a list of doctors they work with, which you might have to see. They might also ask you to undergo a medical examination that they will pay for, as required by their insurance company or themselves. Keep in mind that the results of this examination might be biased toward your employer.
It is not unusual for workers to experience injustice from their employers or insurance companies while going through the Workers’ Compensation process. Keep in mind that insurance companies prioritize their own interests, while your employer might be focused on getting you back to work as soon as possible. In some cases, it might be necessary to pursue legal action to recover damages for your injuries.
Receiving Your Workers’ Compensation Benefits in Northampton Township
The timing of your Workers’ Compensation benefits is dependent upon your unique circumstances. Delaying the submission of your claims can cause a delay in receiving payment. It is also possible for your payment to be delayed if your employer waits to inform the insurance company of your injuries, even if you report them immediately. Additionally, if there are any mistakes in your application, insufficient evidence, or other difficulties throughout the claims process, your payment might be postponed, or your claim could be denied.
If your claim is accepted, you will start receiving benefits typically within a week. It is crucial to determine whether the compensation is temporary. In case the compensation is temporary, the insurance company is likely conducting a more extensive investigation of your claim. The insurance company can take up to an additional 90 days to investigate your case but must make a decision to approve or deny it within that time frame. Once your claim is fully approved, you will receive a “notice of compensation payable” verifying your final compensation agreement.
What to Do in Case Your Northampton Township Workers’ Compensation Claim Is Denied
To ensure your Workers’ Compensation benefits are not delayed or rejected by your employer’s insurance provider, it is crucial to file your claim correctly. The insurance company will closely examine your claim to find any reason to deny it. Victims often fail to provide all the necessary information or submit inaccurate claims, resulting in denial. Claims might also be rejected if the injuries did not occur while on the job or were not reported within the allocated time. If medical records are missing or insufficient to prove that your injuries prevented you from working, your claim could be denied. Claims are denied outright if evidence shows the victim caused their injuries through recklessness or illegal actions.
You do not have to give up hope if your claim is denied. You can contest the decision by appealing your case to a Workers’ Compensation judge. Once a judge is appointed, both parties will be notified of the hearing. During the hearing, the judge will review the evidence and consider both sides before making a decision on the Worker’s Compensation case.
In the event that the judge does not rule in your favor, you have the option to file an appeal within 20 calendar days of the decision, either by mail or electronically, with the Workers’ Compensation Appeal Board. If the Workers’ Compensation Appeal Board confirms the judge’s decision to deny your claim, you might then appeal to the Pennsylvania Commonwealth Court.
If a decision from the Workers’ Compensation Appeal Board is not in your favor, you will have 30 days to file an appeal with the Pennsylvania Commonwealth Court. If your claim is still denied, you might appeal to the Pennsylvania Supreme Court as a final option. Remember that you must file your appeal with the Pennsylvania Supreme Court within 30 days of receiving the Commonwealth Court’s decision.
Our Northampton Township Workers’ Compensation Lawyers Can Help
Contact Lerner, Steinberg & Associates at (215) 355-6400 for a free case review with our Workers’ Compensation lawyers.