Many Landale residents go to work every day without incident. However, negligence in the workplace is hardly rare, and a worker could be injured at almost any time.
Fortunately, most workers injured on the job can cover their damages by filing a Workers’ Compensation claim. In many cases, Workers’ Compensation benefits might be your only path to compensation. Working with our experienced Workers’ Compensation lawyers can help ensure that your benefits are not denied or unnecessarily delayed.
For a free review of your case with our Workers’ Compensation lawyers, contact Lerner, Steinberg & Associates at (215) 355-6400.
Who Can File a Workers’ Compensation Claim in Lansdale
Workers’ Compensation covers most workers injured while on the job in Lansdale. Most Pennsylvania employees are required to provide Workers’ compensation insurance and typically must provide benefits regardless of who was at fault. However, you must be considered a traditional employee to be covered by your employer’s insurance. For most workers, this is not an issue. However, if you are considered an independent contractor, you will likely not be covered by an employer’s insurance.
Independent contractors are not considered employees under Pennsylvania’s Workers’ Compensation law and a prevented from filing a claim. If your employer classified you as an independent contractor, your rights might be limited. However, our Workers’ Compensation attorneys can investigate your case to determine if your employer erroneously classified you and help file your claim.
When You Can File for Workers’ Compensation in Lansdale
If you are a traditional employee, you can file for Workers’ Compensation benefits if you have been injured in your workplace while performing your routine job. Workplace accidents that typically allow you to file a Workers’ Compensation claim include falling or crushing accidents. However, most injuries that occur while doing your job usually qualify you to file a claim. If the accident were to happen outside of the workplace, like commuting to or from work, those injuries would usually not fall under Workers’ Compensation insurance.
The good thing about Workers’ Compensation insurance is that you can recover benefits even if you were at fault for your workplace accident. Workers’ Compensation insurance is a type of “no-fault” insurance, meaning you can recover compensation even if you negligently caused your injuries. Fault is not a concern at the claims-filing stage but could become an issue if you need to sue for damages later against your employer or a third party.
Once an employer accepts your Workers’ Compensation claim, your benefits will be available after seven days. This seven-day waiting period begins on the date you are deemed incapable of returning to work. Thus, you might need to cover your medical expense briefly before your benefits are distributed. Our Workers’ Compensation lawyers can help you file your claim and ensure you receive your compensation as quickly as possible.
The Workers’ Compensation Process in Lansdale
A Worker’s Compensation claim should start by immediately reporting your injuries to your employer. You should also report it to your immediate supervisor or human resources department if possible. In most cases, your employer should provide you with a written accident report form that can be completed and filed with your claim. If you do not report your injuries within 21 days, you might lose your right to recover compensation.
In Pennsylvania, your employer is responsible for filing your claim with the Bureau of Workers’ Compensation, after which your employer’s insurance company will approve or deny your claim. In order to get your claim approved, you will typically need to be examined by a doctor selected from a panel of physicians provided by your employer. The medical exam will usually determine how long you should be out of work for the injuries you suffered. If you are partially disabled, you might be able to return to work, albeit in a reduced capacity. Or you could be deemed totally disabled, in which case you usually receive 2/3 of your income for a specified amount of time.
If your claim is initially approved, you will receive a Temporary Notice of Compensation Payable. This means your employer has agreed to pay benefits covering your workplace injuries, typically including compensation for medical costs and lost income. Keep in mind that the insurance company has up to 90 days after your claim is approved to cancel your benefits.
If your benefits have been terminated after receiving them or your initial claim was denied, our Worker’s Compensation attorneys can help you fight the adverse decision. The Worker’s Compensation process has many opportunities to appeal a denial of benefits. Even if the denial is upheld by a judge and the Workers’ Compensation Appeal Board, you can appeal those decisions to Pennsylvania’s Commonwealth Court. If necessary, our Worker’s Compensation lawyers can take your appeal all the way to the Pennsylvania Supreme Court.
How Our Lansdale Workers’ Compensation Lawyers Can Help Your Case
While an employer might make it seem like the Workers’ Compensation process is seamless and should give you no trouble getting your benefits, our firm knows this is not always the case. Having our experienced Workers’ Compensation attorneys working on your behalf can ensure that your claim is approved the first time it is submitted. No matter where you are in the process of recovering your benefits, we can help prevent unnecessary delays.
Many Workers’ Compensation claims are denied because they are not supported by sufficient evidence. Our attorneys can help gather the records generated by your injuries, including employer and medical documentation. We can also help get you the right treatment if you are unsure what medical professional to visit so your claim is not denied.
Our team can also step in if your employer is trying to get you to return to work before you are ready. While you are required to see an employer’s approved doctor just after being injured, you can see a doctor of your choosing after 90 days of your benefits starting. If an employer’s doctor deems you capable of returning to work, but you disagree, you can get a second opinion from your own physician.
If your condition does not improve or prevents you from completely returning to work, you might need to reapply for permanent disability benefits. Our Workers’ Compensation lawyers can help you prepare your medical records to prove the extent of your injuries.
Our Lansdale Workers’ Compensation Attorneys Can Help
Call Lerner, Steinberg & Associates today at (215) 355-6400 for a free case evaluation with our Workers’ Compensation lawyers.
