Erie Workers’ Compensation Lawyer

If you are the victim of a work-related injury or illness, the law is on your side. Under Pennsylvania law, most employers are legally required to offer workers’ compensation benefits. The Pennsylvania Workers’ Compensation Act entitles employees to receive reimbursement for lost wages and medical benefits for workplace injuries.

The personal injury attorneys at Berger and Green have more than 40 years of experience and are proud to serve accident victims throughout Pennsylvania. Call now for a free consultation with an Erie workers’ compensation lawyer.

Should I Get a Workers’ Compensation Case in Erie, PA?

If you’ve been injured on the job, you may consider handling your Pennsylvania workers’ compensation case yourself. But without an Erie workers’ compensation attorney, you risk losing out on the benefits you deserve. At Berger and Green, we understand the challenges you face and can offer guidance on the next steps you can take to protect your rights. 

Risk of Reduced or Denied Benefits

The workers’ compensation process is complicated, with strict deadlines and paperwork. Missing a deadline or making an error could result in denied or delayed benefits. Insurance companies often look for ways to minimize what they pay out. A workers’ compensation lawyer can ensure that all documents are filed correctly and on time, protecting your claim.

Challenges from Insurance Companies

Insurance companies have their own lawyers working to protect their interests. Without an attorney, you could struggle to respond to their challenges and tactics. It is important to gather evidence, consult with medical professionals, and negotiate with the insurers to get you a fair outcome.

Seek the Full Extent of Your Benefits

Workers’ compensation can cover more than just medical bills—it can include lost wages and other benefits. Without legal guidance, you might miss out on compensation you’re entitled to. Berger and Green will ensure you pursue every benefit available to you.

You shouldn’t have to fight this battle alone. Let Berger and Green handle the legal details so you can focus on your recovery.

How Much Time Do I Have to Report a Work Injury and File a Workers’ Compensation Claim in Erie, PA?

An employee should report an injury to their supervisor or manager as soon as possible. The Pennsylvania Workers’ Compensation Act says an employer must receive notice of a work-related injury within 120 days of the incident. If they don’t, it can result in the loss of compensation unless the employer was already aware of the injury. 

The sooner you can file, the better. If you report your injuries within 21 days of the incident, your benefits can compensate you from the date of the injury. After this period, your benefits start from the day of the report.

The act also allows an injured employee to file a claim within three years of the injury date. However, if the injury or illness is not immediately apparent to the worker as being work-related and is not confirmed by their doctor until later, this time may be extended.

How Much Are Workers’ Compensation Payments?

Workers’ compensation payments are not a set amount. Instead, they depend on the employee’s average weekly wage earned before their injury. The 2024 updated figures for workers’ compensation payment rates are as follows based on the employee’s average weekly wage (AWW):

• Over $1,987.50 AWW = maximum compensation of $1,325
• Between $933.76 and $1,987.50 AWW = 66 2/3 of AWW
• Between $736.11 and $993.75 AWW = flat rate of $662.50
• Below $736.10 AWW = 90% of AWW

Essentially, workers are entitled to benefits that compensate them for two-thirds of their weekly income. Benefits address losses like:

• Lost income: While you are out of work, workers’ compensation helps pay for some of the income you are losing, per the statutory payment scheme above.
• Death benefits: If your loved one passed away because of their work injuries, your family may be able to seek survivors’ benefits from workers’ compensation.
• Specific losses: This refers to permanent and serious injuries of certain body parts, like hands, legs, hearing, or head/face.
• Medical care: Reasonable medical expenses for accident-related treatment should be covered by workers’ compensation. This can include costs for supplies, protheses, and other related expenses. However, you must follow any regulations about choosing doctors when necessary. For example, your employer can choose a doctor to examine you once you’ve started receiving benefits.

An Erie workers’ compensation attorney can help you understand your options better.

Why Was My Workers’ Compensation Claim Denied?

Unfortunately, some injured workers may not be approved for benefits. Some possible reasons for this include:

Missed Deadlines

If you miss any deadlines for filing or do not notify your employer on time, you could miss out on benefits. Our Erie workers’ comp lawyers will make sure your employer is not denying you on these grounds if they caused any delays in processing your report.

Disputed Injury

Sometimes, the insurance company may argue that your injury isn’t work-related. They may claim that it occurred outside of work or that a pre-existing condition is to blame. In such cases, proving a direct connection between your injury and your job is crucial.

Lack of Medical Evidence

A workers’ compensation claim relies heavily on medical documentation. If you did not seek medical treatment promptly or your doctor’s records don’t clearly connect your injury to your job, the insurance company may deny your claim.

Not Meeting Eligibility Requirements

Not all workers are eligible for benefits. Independent contractors and certain other workers may not qualify. Additionally, if your injury resulted from misconduct or substance use, your claim could be denied.

A denial doesn’t have to be the end of your case. If your claim is denied, you have the right to appeal.

What Should I Do if My Workers’ Compensation Claim Is Denied?

Employees whose workers’ compensation claim was denied will not have access to medical benefits or lost wages. This can lead to additional injury-related issues and financial hardship. If this happens to you, you should consult with an attorney as soon as possible. They can thoroughly review your initial claim and request a hearing before a judge.

Your Erie workers’ comp attorney can also help you request a hearing with the Workers’ Compensation Bureau, and the case will be assigned to a judge. The judge will set a hearing date and notify you, your attorney, employer, and the employer’s insurance company of this date.

Next, your lawyer will prepare for the hearing by collecting relevant accident information and medical documents. They may also interview eyewitnesses to this incident, if applicable. Your attorney will also gather information from loved ones and other witnesses regarding your injury’s physical and psychological impact.

You Have a Limited Time to Appeal a Decision for Workers’ Compensation Benefits

During the hearing, the judge may try to settle the case through mediation. If that is unsuccessful, they will issue a determination after the evidence has been presented. If the judgment is not in your favor, you have 20 days to appeal this decision.

If the Appeal Board’s ruling is also not in your favor, you have another 30 days to file an appeal with the Commonwealth Court. This court will review the evidence and arguments in your case and issue a written decision. For most workers, the appellate process won’t go beyond this point. However, some may consider appealing to the Pennsylvania Supreme Court, which would have the final say in the matter.

Common Workplace Injuries That Workers’ Compensation Covers

The types of work-related injuries and illnesses that employees are subject to often hinge on their occupations. For example, construction and utility workers may be more likely to suffer severe injuries due to falls or falling objects. On the other hand, office and factory workers may be more likely to incur repetitive strain injuries, such as carpal tunnel syndrome.

According to a 2020 study published in the International Journal of Environmental Research and Public Health, strains, contusions and lacerations were the most common injuries involved in worker’s compensation claims, accounting for 30%, 21%, and 12% of the total claims. Moreover, these three injuries combined accounted for 61% of death and disability and 63% of medical-only claims. Sprains and punctures accounted for 8.3% and 5.5% of claims, respectively.

Other injuries may be the result of the following:

• Slips, trips, and falls may be caused by wet floors, raised doorways, falls from one level to another, or loose floor mats.
• Falls from heights often occur in construction and utility industries, in which a worker falls from scaffolding or a ladder or rooftop.
• Employees may be struck by an object falling from a ledge or high shelf. A worker can also be hit by a moving object, such as a forklift.
• Burns, which can be caused by fires, explosions, heat, chemicals, steam, electricity, or radiation. Burn injuries are common in restaurants and manufacturing, particularly when employees use heat sources, acids, or bases.
• Eye injuries can occur when proper eye and face protection is not provided or worn when necessary to protect against chemical and environmental hazards and irritants.
• Machinery accidents are often reported in cases where an employee was injured by large, heavy machinery. This is most commonly seen in factories and construction sites, and injuries can be severe or fatal.
• Auto accidents commonly occur, especially those involving truck drivers and other people traveling for business and work-related reasons.

Our Erie Work Injury Lawyers Will Fight for Your Interests

Navigating the complex workers’ compensation process can be challenging and stressful, especially during a time when you should be focused on your recovery. Fortunately, legal help is available to do much of the hard work for you.

If you sustained an on-the-job injury or illness due to a work-related accident, our legal team can help you fight for your claim to be accepted and receive the compensation you deserve. Contact the Erie workers’ compensation lawyers at Berger and Green today for a free consultation.