Victims of a workplace accident in Pennsylvania might know that they are entitled to benefits through Workers’ Compensation but might not be sure if they need the help of an attorney.
Getting a Workers’ Compensation lawyer is the best choice you could make when filing a Workers’ Compensation claim. The claims process has numerous pitfalls that could cost an injured worker their benefits. With the help of our firm, you can avoid unnecessary denials and lengthy appeals.
Contact our Philadelphia Workers’ Compensation lawyers at Lerner, Steinberg & Associates today at (215) 355-6400 for your free case evaluation.
When You Should Speak with a Workers’ Compensation Lawyer in Pennsylvania
Workers’ compensation is a unique system that provides benefits to injured workers in Pennsylvania. This system helps protect workers who are injured on the job or who contract a work-related illness and provides them with medical treatment and financial support while they are recovering from their injuries. If you have been injured on the job, it is critical that you speak with our Chester County Workers’ Compensation lawyers immediately so that you understand your rights and recover the compensation you deserve. This is the best strategy to ensure that you receive benefits for the medical care you need and get paid for your lost wages.
Speaking to an Attorney Before Filing Your Claim
It is highly recommended that you speak with our team after you receive medical treatment but before filing your claim. It is easy to become confused by the complex Workers’ Compensation process. If you do not understand something about the required procedures or what documentation you need, our firm can guide you on every point in your case.
You might need legal counsel because your employer is interfering with your ability to file a claim or, otherwise, recover the benefits you are entitled to. In Pennsylvania, employers are required to report workplace accidents to their insurance provider. If they believe you are not that injured, they might refuse to report your injuries. Even if your employer wants to help, they might be unaware of how to process a claim. Working with our attorneys can help you avoid these issues and get your benefits as quickly as possible.
Another important reason to get assistance from our team before filing is to help gather documentation for your claim. You will need evidence sufficient to support your claim so that the state approves it. This includes medical records detailing your injuries and treatment plan, employer records of the incident, and other documents that illustrate the damage you sustained.
Speaking to an Attorney After Filing Your Claim
It is never too late to consult with our attorneys about your Pennsylvania Workers’ Compensation claim. If you filed your claim but are still waiting to receive benefits, we can help identify the issues causing the delay. Many injured workers need an attorney after filing a claim because their claim has been denied. An overwhelming number of denials result simply from missing paperwork or overlooking a minor step in the process. Most of these issues can be resolved with the right legal knowledge and strategies.
If a claim is denied, we can help you prepare an appeal. In other cases, it might be a better option to review your documentation and refile your claim. In some cases, you might be receiving benefits but less than what you were entitled to. If you are being denied your rights after a workplace injury, it might be time to explore other legal options to recover compensation.
How Our Philadelphia Workers’ Compensation Lawyers Can Help Your Claim
As mentioned, there are several advantages to having our attorneys on your side when filing a Pennsylvania Workers’ Compensation claim. While there is no requirement to hire an attorney to represent your interests in a Workers’ Compensation case, doing so can ensure that you know how to work through the system if trouble arises. The following are just a few of the steps that our attorneys can help you navigate:
File Your Claim
After getting medical care, we can help you take the necessary steps to file your Workers’ Compensation claim. Many individuals might not be aware that Pennsylvania makes it their responsibility to file their claim. While your employer is required to report your injuries to their Workers’ Compensation insurance provider, you are required to do the rest, including being aware of critical deadlines for filing. This can present significant challenges to victims unfamiliar with how to navigate the Workers’ Compensation claims process.
If there is a mistake in your paperwork or sufficient supporting documents are not provided, it can lead to costly delays or even a denial of your claim. We can review your case to determine what evidence is needed and how to obtain it. After the necessary evidence has been gathered and organized, you can submit your claim with the best chance of having it approved.
Appeal a Denial
Insurance companies and employers are always on the lookout for a justification for denying a Workers’ Compensation claim. If your claim has been denied, our firm can help you appeal the decision. In some cases, the reason for the denial might be clerical and can be corrected by getting the right documentation or filing out the filing forms correctly upon refiling.
If you are provided with substantive grounds for the denial, you have several opportunities to appeal the decision. However, doing so with legal counsel could result in a permanent denial of your claim. First, your appeal will be reviewed by a Workers’ Compensation judge, but their decision can be further appealed to the Pennsylvania state court. If the original reason for the denial is not addressed, though, your claim denial could be upheld by the judge or court.
Determine Whether to File a Lawsuit
In other cases, Workers’ Compensation might not be an option. Most victims are prevented from filing a lawsuit for work-related injuries if they receive Workers’ Compensation. However, some injuries are not covered by Workers’ Compensation, making a lawsuit the only avenue to recover compensation. For instance, if you are an independent contractor, you will likely need to file a lawsuit since independent contractors are not typically covered by an employer’s insurance. Also, if your injuries were caused by a third party that your employer is not liable for, you will usually need to file a lawsuit.
Our Pennsylvania Workers’ Compensation Lawyers Can Help
For a free assessment of your case with our Bucks County Workers’ Compensation attorneys, call Lerner, Steinberg & Associates today at (215) 355-6400.