In Phoenixville, the potential for workplace injuries is abundant. However, Workers’ Compensation is accessible to most individuals who experience injuries on the job.
With a diverse workforce spanning numerous industries, workers are susceptible to various injuries, ranging from sudden and severe incidents to those caused by repetitive strain over time. Fortunately, Workers’ Compensation benefits are available to aid in your recovery from injuries you have suffered in the workplace. However, you will want to confirm that Workers’ Compensation covers your type of employment.
Contact Lerner, Steinberg & Associates at (215) 355-6400 for a free case review with our Workers’ Compensation lawyers.
What to Do to Claim Workers’ Compensation Benefits in Phoenixville
Employers in Phoenixville are required to offer Workers’ Compensation benefits to their employees if they get hurt while working. Normally, employees report their injuries to their employer and claim Workers’ Compensation benefits. This type of compensation covers the medical expenses and wages lost due to missed work. However, it also often prohibits workers from taking legal action against their employer for work-related injuries.
The initial three months are essential after experiencing harm due to hazardous working conditions. Typically, a worker who sustains an injury will receive a Temporary Notice of Compensation Payable, indicating the employer’s agreement to cover medical bills and lost wages. Nevertheless, an employer’s insurance provider can revoke Workers’ Compensation benefits during the first 90 days.
If the employer provides a list of panel doctors they are contracted with, you may be obligated to see one of them. Additionally, you may be required to undergo an independent medical examination paid for by the employer, as mandated by the insurance company or employer. It is important to note that the findings of an employer’s independent medical examination are often biased in favor of the employer.
During the Workers’ Compensation process, it is not uncommon for a worker to be treated unfairly by their employer or insurance company. Remember that insurance companies prioritize their interests, and your employer may be focused on getting you back to work as quickly as possible. In certain situations, taking legal action to obtain damages for your injuries might be necessary.
What to Do If Your Workers’ Compensation Claim Is Denied in Phoenixville
It is important to properly file your Workers’ Compensation claim to ensure that your benefits are not delayed or denied by your employer’s insurance company. The insurance company will carefully scrutinize your claim for any excuse to deny it. Many claims are denied because victims fail to include all the necessary information, or their claims are inaccurate in some way. Other claims might be denied because the injuries did not occur while the victim was on the job or were not reported in the allotted time. If medical records were not provided or are insufficient to prove that your injuries prevented you from working, your claim might also be denied. Claims will be outright denied if evidence shows that the victim caused their injuries through reckless or illegal conduct.
Fortunately, a claim denial does not necessarily mean the end of your case. If your claim is rejected, you can appeal your case to a Workers’ Compensation judge. Both parties will receive a notification indicating the judge appointed for their hearing. The judge will assess the evidence and listen to arguments before deciding on the Worker’s Compensation hearing.
If the judge does not rule in your favor, you can file an appeal within 20 calendar days of the decision either electronically or by mail with the Workers’ Compensation Appeal Board. If the Workers’ Compensation Appeal Board affirms the judge’s decision to deny your claim, you may appeal to the Pennsylvania Commonwealth Court.
If you receive an unfavorable decision from the Workers’ Compensation Appeal Board, you will have a 30-day window to file an appeal with the Pennsylvania Commonwealth Court. In the event that your claim is still denied, you will be able to appeal to the Pennsylvania Supreme Court as a final option. It is important to note that you must file your appeal with the Pennsylvania Supreme Court within 30 days of receiving the Commonwealth Court’s decision.
When You Can Expect to Receive Your Phoenixville Workers’ Compensation Benefits
When you receive your Workers’ Compensation benefits varies depending on your individual situation. Delaying the filing of your claims by several days or weeks will prolong the payment process. Furthermore, if you inform your employer of your injuries immediately but they hold off on notifying the insurance company, the payment may be delayed. Additionally, if there are inaccuracies in your application, insufficient evidence, or other challenges during the claims process, your payment could be postponed, or your claim could be rejected.
If your claim is approved, you should begin to receive benefits in seven days. It is important to verify if the compensation is temporary. If the compensation is temporary, this means the insurance company is conducting a more thorough investigation of your claim. The insurance company has up to 90 additional days to investigate your case but must decide to approve or deny it within that time. Once your claim is fully approved, you will receive a “notice of compensation payable,” confirming your final compensation agreement.
What Types of Employees Qualify for Workers’ Compensation in Phoenixville
Most employers in Phoenixville must provide Workers’ Compensation coverage for their employees if they have at least one employee that works at least 40 hours per week. Additionally, employees who sustain an injury while working for a Pennsylvania-based company can file a claim, regardless of where the injury occurred, provided they have an employer-employee relationship.
However, certain industries or job positions might not be covered by Workers’ Compensation, which could result in employees being unprotected in the event of a work-related injury. For example, domestic servants and agricultural workers who work seasonally are typically not covered by Workers’ Compensation. In addition, Federal employees such as railroad workers and employees of religious organizations are also not covered. Furthermore, for some commercial truck drivers and rideshare drivers like those who work for Uber and Lyft, Pennsylvania’s Workers’ Compensation law does not usually cover independent contractors since they are not recognized as having a typical employer-employee relationship.
Our Phoenixville Workers’ Compensation Lawyers Can Help
For a free case consultation with our Workers’ Compensation attorneys, contact Lerner, Steinberg & Associates today at (215) 355-6400.