Job-related accidents can happen in any field of work to any worker. If you are injured at work in Pennsylvania, you might be covered by the Workers’ Compensation system.
Workers’ Compensation is a form of insurance that employers are required to carry for the benefit of employees. If your case is eligible for Workers’ Compensation, you might not have a choice of how you get compensation. Covered employees are typically barred from suing employers, and Workers’ Compensation is the sole available legal remedy. Benefits from Workers’ Compensation should include medical benefits in addition to a portion of the wages you lose. To initiate a claim, you should immediately report your accident and injuries to your employer before contacting a lawyer for assistance. If Workers’ Compensation does not cover you, an attorney can help you look into other legal options.
Contact our Workers’ Compensation attorneys at Lerner, Steinberg & Associates by calling (215) 355-6400 to schedule an appointment for a free case review.
How Workers’ Compensation Applies to You in Falls Township, PA
As talked about above, Workers’ Compensation is a form of insurance employers in Pennsylvania must carry for their workers. If a worker is injured on the job, they can file a Workers’ Compensation claim for compensation and benefits. While many workers are covered, some are not, and an attorney can help you determine what to do if you are not covered.
Not only is Workers’ Compensation mandatory for employers to carry, but it is also mandatory for covered workers to claim. If you are eligible for benefits, you might not have much choice. Generally, Workers’ Compensation is the only legal remedy permitted, as personal injury lawsuits against employers are prohibited.
The good thing about Workers’ Compensation is that fault for your injuries is almost irrelevant. Even if you are solely to blame for the accident, you may still file a claim and get coverage for your injuries and expenses. However, you might be permitted to sue if your employer deliberately caused the accident or a third party is to blame.
Workers’ Compensation covers only employees. While the legal definition of employee includes a broad spectrum of workers, not everyone is included. For example, independent contractors are usually not covered and might need to explore other options for compensation, such as filing lawsuits. If you are unsure whether you are an employee or independent contractor, speak to an attorney as soon as possible.
Potential Benefits Through Falls Township, PA Workers’ Compensation Claims
Workers’ Compensation benefits may cover various economic expenses related to an on-the-job accident. While medical bills and some lost income are usually covered, non-economic damages are typically not included. If you believe you have significant damages for things like pain, suffering, humiliation, or damage to your reputation, talk to your attorney about whether you can sue.
Medical Benefits
As you might expect, medical treatment for job-related accidents and injuries can be expensive. The Workers’ Compensation system allows covered employees to claim benefits that cover reasonably necessary medical treatment. The keywords here are “reasonably necessary.”
If a particular course of treatment is needed for your recovery, it should be covered by Workers’ Compensation. For those with very severe injuries, this might include a whole host of costly medical procedures. Surgery, physical therapy, x-rays, medication, and mobility aids may all be paid for through Workers’ Compensation.
If the insurance company disputes your claim because they do not believe certain treatments were necessary for your recovery, alert your attorney immediately. We can work with your doctors to prove to the insurance company that all the medical care you received was vital for your well-being and recovery and should be paid for through Workers’ Compensation.
Lost Income
It is common for injured workers to take time away from their jobs to recover from their injuries. In many cases, the time needed away from work is quite long, and workers risk losing significant income. The Workers’ Compensation system can help you recover a portion of your lost earnings so you can continue to make ends meet while you recover.
You may claim total disability benefits if you cannot work for at least 7 calendar days. These days need not be consecutive. You can recover up to two-thirds of your average salary for as long as you cannot work. These benefits may be terminated upon full medical recovery, your return to work, or your ability to perform other employment.
How to Initiate a Workers’ Compensation Claim in Falls Township, PA?
To start a Workers’ Compensation claim, you must first alert your employer to your injuries. Typically, once an employer is notified that an accident has occurred and an employee is injured, they will report the accident and injury to their insurance company. If you wait to notify your boss, the insurance company will not be notified until later, and your claim might be in jeopardy.
If your injuries are compensable, the insurance company should cover you. However, benefits do not kick in right away. The insurance company will review your claim and decide whether to approve or deny it. You might be approved for temporary compensation until a final decision is made on the matter. If the insurance company disputes your case, an attorney can help you assert your rights and demand approval for benefits.
What to Do if You Are Not Covered by Workers’ Compensation in Falls Township, PA
If Workers’ Compensation does not cover you, hope is not lost. You should speak to an attorney bout other possible legal options, including filing an injury lawsuit. If you are an independent contractor, the person who hired you is legally not your employer and cannot offer Workers’ Compensation benefits. However, you can sue them if your injuries directly relate to their negligence.
You might be a covered employee, but your employer does not have the necessary insurance to cover you. In such a case, you can sue your employer for damages even though you typically would be blocked from doing so under the Workers’ Compensation system.
Call Our Falls Township, PA Workers’ Compensation Attorneys for Help
Get in touch with our Workers’ Compensation lawyers at Lerner, Steinberg & Associates by calling (215) 355-6400 to make an appointment for a free case review.
