If you are hurt while working, your employer should be covered by Workers’ Compensation. An attorney can help you file a claim to get monetary benefits to help you while you are unable to return to your job.
Pennsylvania’s Workers’ Compensation system typically covers various work accidents and injuries, and fault is often not much of an issue. You may file a claim even if the workplace accident was your fault. Exactly when you can begin receiving payments depends on the circumstances of your case. Only people who fit the legal definition of an employee may receive benefits. Fortunately, the definition is rather broad and includes most workers. People such as independent contractors, however, are excluded. Benefits might include payments for medical expenses and a portion of lost wages. A significant caveat of the Workers’ Compensation system is that claimants cannot sue their employees. Third parties, on the other hand, may be named in lawsuits for damages.
After being hurt on the job, you might need help filing a Workers’ Compensation claim. Our Workers’ Compensation lawyers can assist you. For a free case review, call Lerner, Steinberg & Associates at (215) 355-6400.
When Workers’ Compensation Becomes Available in Jenkintown, PA
Worker’s Compensation generally covers a wide variety of workplace accidents and injuries. The accident should happen at your place of employment or while you are in furtherance of your job duties. For example, you might be eligible for Workers’ Compensation if you were hurt at work after falling down the stairs. An accident outside of work, like when commuting to work in the morning, is likely not eligible.
Fault is generally not much of an issue in Workers’ Compensation claims. In fact, you could be directly responsible for the accident and your injuries, and you might still be covered as long as you did not intentionally cause yourself harm. Fault might become an issue, and other legal options might be available, if you believe someone at work intentionally injured you. Our Workers’ Compensation lawyers can help you get your claim started.
In Pennsylvania, there is a waiting period you have to get through before getting benefits. Under 34 Pa. Code § 121.15(a), an injury or disability becomes compensable after a 7-day waiting period, and the first day the employee is unable to work because of their injury is the first day of this waiting period. This means that the waiting period might not begin on the same day the accident at work happens.
Who is Covered by Workers’ Compensation in Jenkintown, PA?
While Workers’ Compensation in Pennsylvania covers most workers, not everyone can receive benefits. According to Workers’ Compensation Act, only employees are covered by Workers’ Compensation. The term “employee” is broad and includes anyone performing services for someone else for compensation. Although this definition is broad, it does not cover independent contractors.
Workers’ Compensation is required by law, and employers must carry the necessary insurance. Coverage is effective beginning your first day of employment. It is not uncommon for employers to purposefully misclassify employees as independent contractors to avoid a Workers’ Compensation claim. If you suspect this is the case, contact our Workers’ Compensation lawyers for help right away.
Possible Workers’ Compensation Benefits in Jenkintown, PA
Workers’ Compensation provides a wide variety of benefits to injured employees. Your claim can help you cover various economic losses related to your injury at work. Unfortunately, non-economic injuries, such as pain and suffering, are not covered. Our Workers’ Compensation attorneys can help you get the maximum benefits you are entitled to.
First, a Workers’ Compensation claim can help you pay for medical expenses you incurred because of your accident. Medical benefits include treatment from doctors, other health care providers, and chiropractors. If you need surgery to treat your injuries, your claim should cover reasonable surgical needs for your treatment. Hospital accommodations, prescription medications, and medical supplies like crutches or wheelchairs are also covered.
One of the most significant benefits of Workers’ Compensation is lost income. Generally, Workers’ Compensation does not cover all your lost earnings but can make up for a portion. Many claims allow injured employees to receive payments worth about two-thirds of their average weekly salary. If you are eligible for total disability benefits, meaning you are unable to return to work at all, there is no time limit on how long you may collect benefits. However, benefits will cease once you have achieved full medical recovery or can fully return to work.
Filing a Lawsuit and a Workers’ Compensation Claim in Jenkintown, PA
Because the Workers’ Compensation system operates under a no-fault rule, employees usually cannot sue their employers. On top of that, Workers’ Compensation is often mandatory if you are covered, meaning filing a Workers’ Compensation claim might be your only available legal option. However, there might be circumstances where you can sue your employer, and third parties are not off-limits under this law.
You can usually sue third parties responsible for your work injuries even if you also file a Workers’ Compensation claim. For example, if you were injured because of a defective piece of equipment you use for work, you can file a Workers’ Compensation claim and sue the manufacturer of the defective equipment.
You might be able to sue your employer under limited circumstances. For example, you can sue your employer if they fail to carry the necessary Workers’ Compensation insurance. Without this insurance, you cannot file a claim, and your employer is not shielded from liability for your injuries. You can also sue your employer if you believe they intentionally caused your injuries, as Workers’ Compensation does not cover intentional acts of harm. Our Workers’ Compensation lawyers can help you explore all possible legal options in your case.
Contact Our Jenkintown, PA Workers’ Compensation Lawyers for Help
If you were injured on the job, our Workers’ Compensation lawyers can assist you in filing a claim and exploring other potential legal options. Call Lerner, Steinberg & Associates at (215) 355-6400 and ask about a free case review to get started.