Recovering Workers’ Compensation benefits in Newtown Square is possible after a workplace accident. To get the benefits you deserve, you must take certain steps after sustaining an injury at work.
If you were injured while working at your job in Newtown Square, you will likely qualify for Workers’ Compensation benefits. To prepare your claim, you must inform your employer of injuries within 120 days, although immediately reporting injuries is preferable. Injured workers must then visit a medical professional approved by their employer’s carrier. If your initial claim for benefits is denied, you can file an appeal in Newtown Square. Benefits are limited to about two-thirds of a worker’s average weekly wage. If you are eligible to file a third-party workplace injury lawsuit, you may recover damages for pain and suffering in Newtown Square.
To schedule a free evaluation of your case, call the Newtown Square Workers’ Compensation lawyers at Lerner, Steinberg & Associates today at (215) 355-6400.
Injuries that Qualify You for Workers’ Comp in Newtown Square
Almost any injury sustained while performing duties inside the scope of your employment can qualify you for Workers’ Compensation benefits in Newtown Square.
Some common injuries that lead to employees filing Workers’ Compensation claims in Newtown Square include broken bones, traumatic brain injuries, spinal cord injuries, fractures, eye injuries, and burns, among many others. Often, workplace injuries are sustained in accidents caused by an employer’s negligence. This might lead to injuries caused by improperly maintained equipment or a lack of effective safety gear. Many workplace injuries in Newtown Square are also caused by slip and falls.
Other injuries, like repetitive motion injuries, occur because of workers repeating the same motions over time. For example, people working on production lines might sustain repetitive motion injuries in the wrists or hands. Our Workers’ Compensation lawyers can determine if your injuries qualify you for benefits based on their severity and how they were sustained. Even illnesses contracted at work or previous conditions exacerbated by work can qualify an employee for Workers’ Compensation benefits in Newtown Square.
Preparing Your Newtown Square Workers’ Comp Claim
Some preparation is required to file a Workers’ Compensation claim in Newtown Square. It begins by informing your employer of your injuries.
Immediately after sustaining injuries in a workplace accident, employees in Newtown Square must alert their employers. Sometimes injuries appear days or weeks following an incident. Other times, there is no one incident to refer to, and injuries are progressive. Regardless, hurt workers must inform their employers of injuries as soon as they recognize them. Your employer will then file a first report of injury with the Pennsylvania Department of Labor and Industry’s Bureau of Workers’ Compensation.
The next step is seeking medical attention. Again, this should be done immediately after injuries are sustained in Newtown Square. Your employer can provide a list of medical professionals approved by their carrier. You must continue whatever treatment is necessary for your injuries with an approved doctor for at least 90 days. You can then see a medical professional of your choosing.
While your employer will have a record of your lost wages and time missed from work, it is important for you to keep track of these things as well. In preparation for your claim, maintain all visits with medical professionals and request access to your medical records.
Navigating Workers’ Comp Claim Denials in Newtown Square
In Newtown Square, Workers’ Compensation insurance carriers have 21 days after receiving a claim to approve or deny benefits. You can still recover benefits if your claim was denied by filing a claim petition with the court.
Insurance carriers typically do not want to provide claimants with benefits and might find reasons to deny a claim that appears valid. Should this happen to you, you will have three years from the date you sustained injuries to file a claim petition in Newtown Square.
Your case will then be assigned to a judge, who may require both sides to engage in alternative dispute resolution methods, such as mediation, to settle the case out of court. If that is unsuccessful, you can provide evidence to the judge that proves you sustained workplace injuries that require compensation. This will likely include statements from other workers who might have witnessed the accident that caused you injury and your medical records. Then, the judge will make a decision regarding your access to benefits.
If the judge does not rule in your favor, you can continue to appeal your case, if necessary, up to the Pennsylvania Supreme Court.
Benefits Available in a Newtown Square Workers’ Comp Claim
Workers’ Compensation benefits may be available for different amounts of time, depending on the type of injury sustained by an employee in Newtown Square. Benefits typically cover a worker’s medical expenses and a portion of lost wages.
In most cases, injured employees in Newtown Square can receive benefits equitable to about two-thirds of their average weekly wage for the time their disability remains. This is the case unless two-thirds of their average weekly wage exceeds the statewide average weekly wage. In such instances, damages to an injured worker might be reduced. If your injuries no longer prevent you from returning to work, you will stop receiving benefits.
Workers’ Compensation also covers reasonable and necessary medical expenses related to an employee’s injuries, such as surgeries and medications. Workers’ Compensation does not provide damages for pain and suffering, which is why our attorneys might advise you to file a lawsuit if a third party, not your employer, caused your injuries in Newtown Square. If you are able to file a third-party workplace accident lawsuit, you may be able to recover total compensation for lost wages, as well as damages for pain and suffering.
File a Workers’ Compensation Claim in Newtown Square Today
Call Lerner, Steinberg & Associates at (215) 355-6400 for a free case review from our Workers’ Compensation lawyers.
