Injuries at work in Yardley can be costly, both physically and financially. However, recovering Workers’ Compensation for your injuries can help you get back on your feet.
With Workers’ Compensation benefits, you can protect yourself and your family’s financial well-being while you recover from your injuries. However, you will need to ensure that your employer carries Workers’ Compensation insurance. If not, you might need to consider filing a lawsuit. Whatever course you choose, you can recover damages for your medical expenses and lost income.
For a free review of your case with our Workers’ Compensation attorneys, contact Lerner, Steinberg & Associates at (215) 355-6400.
Workers that Are Covered by Workers’ Compensation Insurance in Yardley
In Yardley and throughout Pennsylvania, employers are required to purchase Workers’ Compensation insurance from an authorized carrier in order to protect their employees when they are injured on the job. Fortunately, our Workers’ Compensation lawyers can help you determine what rights you have in your workplace injury case. However, employers do not have to provide Workers’ Compensation benefits to employees that are designated “independent contractors.” Independent contractors technically work for themselves, so they must provide their own insurance coverage.
Most Yardley employers must carry Workers’ Compensation insurance if they employ one or more people full-time or part-time and engage them in any type of work that results in their exposure to potential injury or illness. This includes office jobs as well as jobs performed outside with heavy machinery or other equipment that could cause serious injuries. If an employer does not have proper coverage when they are required to do so, a victim might be able to sue the employer to recover the damages that they should have received from Workers’ Compensation insurance.
There are several classes of occupations that are not covered by Workers’ Compensation, however. For instance, most federal employees are not covered under Pennsylvania’s Workers’ Compensation laws. Most agricultural and railway workers also cannot claim Workers’ Compensation benefits. For these types of employees, federal Workers’ Compensation is usually available in the event they are injured.
The Workers’ Compensation Process in Yardley
Most workers in Yardley do not expect to get injured on the job and might not be aware of the steps they need to take when they are injured. In order to recover Workers’ Compensation benefits, you will need to complete a number of important steps. Failure to follow the process provided by law could result in a delay or denial of your benefits.
Confirm Your Employer’s Coverage
If you have been injured while working, it is important to know whether your employer has Workers’ Compensation insurance before filing a claim. A Yardley employer with Workers’ Compensation insurance must notify its employees of this coverage in writing at the time they start their employment. Fortunately, Pennsylvania provides an online search system to determine if your employer carries Workers’ Compensation coverage.
File Your Workers’ Compensation Claim
In Yardley, injured workers are responsible for filing their own Workers’ Compensation claims. While employers are required to report a workplace accident to their insurance providers, they are not the party responsible for filing your claim. This means that you will need to gather documentation and medical records to submit with your claim. Your employer might not help obtain this information, so it is critical that you get legal counsel before filing your claim.
Arguably the longest part of the process is getting your claim approved. Even for cases that are quickly processed, it can take 21 days before you are notified that your claim has been approved. If you received a “notice of temporary compensation,” you will receive your benefits, but the claim has not been completely approved. In these situations, your employer’s insurance provider has up to 90 extra days to investigate your claim and decide whether to fully approve it. If your claim has not been denied within this period, you should receive the remainder of your benefits without issue.
Fighting a Claims Denial
If your claim is denied after getting injured at work, you still have options. Workers’ Compensation laws in Pennsylvania allow individuals to appeal their claim denials. However, your appeal must be filed within 30 days of receiving notice of your denial. In many cases, a claim was denied because the proper documentation was missing. For more difficult cases, there are several opportunities to fight a claim denial in court.
Compensation You Can Recover in a Workers’ Compensation Claim in Yardley
If you have suffered a workplace injury in Yardley and are considering filing a Workers’ Compensation claim, it is important to understand which types of damages are recoverable. Most injured workers will have their medical expenses covered and a certain percentage of their lost wages. However, Workers’ Compensation is not designed to provide coverage for other damages like emotional pain and suffering.
If you have been injured at work, you should be eligible to recover the medical expenses associated with your injury. Workers’ Compensation typically covers your medical bills, hospital stays, medications, medical supplies, physical therapy, and any other treatments necessary to recover from your workplace injuries. However, you will likely need to visit a doctor from a preselected list chosen by your employer.
When your injury results in partial or complete disability, you may be eligible for temporary total disability payments while you are recovering from treatment. These benefits are usually paid out over a period lasting between two weeks and 12 months, depending on how long it takes to get back to work after your injury heals enough that you can do so without incurring further damage or harm to yourself.
If you have missed work because of an injury, then you will be entitled to lost wages benefits through your employer’s Workers’ Compensation insurance. This can include any time away from work before being able to return to full duties at work. Workers’ Compensation benefits should also cover any additional days off after you return when you are still unable to perform all job duties without discomfort or pain from the injury.
It is important to note that not all of your lost wages will be covered. In most cases, Workers’ Compensation will only provide two-thirds or 66.6% of your income. However, you could be entitled to permanent disability benefits if your workplace injuries prevent you from working again at all.
Our Yardley Workers’ Compensation Attorneys Can Help
Call Lerner, Steinberg & Associates today at (215) 355-6400 for a free case evaluation with our Workers’ Compensation lawyers.