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If you have sustained a serious injury on the job, it can leave you in a delicate financial situation where you have to juggle medical bills and being out of work. Although most employers in Pennsylvania carry workers’ compensation insurance, receiving the benefits you deserve is often not as straightforward as it should be. Our Altoona workers compensation lawyer at Berger and Green can help you secure the benefits you need.
Despite the existence of laws that protect employees’ rights, filing a workers’ compensation claim is not always easy. In general, trying to navigate the claims process while recovering from an injury can be difficult, and sometimes, employers or insurance companies present additional challenges. Whether you are struggling with a claim denial or you simply need guidance on the law and your rights, working with a knowledgeable personal injury attorney can point you in the right direction.
At Berger and Green, we have a team of five attorneys and over 40 years of personal injury legal experience. Together, we have handled thousands of cases for individuals across Pennsylvania. Among many types of injury cases, workers’ compensation claims are one of the most common. When you bring your case to us, our workers’ compensation lawyer is ready to help by:
While the law may not require you to have a lawyer for completing these aspects of the workers’ compensation claim process, working with a team such as ours at Berger and Green can make the experience significantly less stressful. By getting the help you deserve from our Altoona workers comp attorneys, you can focus on your recovery while we handle the legal details.
Even if you believe you have done everything right for submitting your claim, there is still the possibility that your employer or their insurer will try to deny it. Common reasons for workers’ compensation denials include claiming:
At Berger and Green, we understand how frustrating a workers’ compensation denial can be, especially when you have a family to support. With this in mind, you can count on our Altoona workers’ comp lawyers to fight back against wrongfully denied claims by thoroughly evaluating the details of your case and looking for errors in any challenges.
If you have recently received a letter threatening to reduce or terminate your current workers’ compensation payments, you are not alone. Many of our previous clients have been in this situation. However, you need to act quickly. Having our workers’ compensation attorney on your side will help you keep up with the strict deadlines to respond. In addition, we will help you navigate court hearings, obtain necessary records, and handle interactions with legal professionals and physicians.
Unlike personal injury cases, workers’ compensation claims are not fault-based. In other words, you are eligible for benefits regardless of whether you or your employer is negligent in some way. While some benefits overlap such as medical coverage and lost wages, workers’ compensation claims do not include pain and suffering damages. Timelines between case types also differ. Compared to personal injury and other liability claims, workers’ compensation benefits process much more quickly.
Sometimes workplace injuries involve liability beyond an employee and employer. For example, if you can demonstrate that the negligence of a third-party was also responsible for your workplace injury, you may be able to claim additional compensation through a third-party liability lawsuit, such as pain and suffering. Although workers’ compensation benefits have limits, pursuing third-party liability can cover total damages. If this scenario applies to your case, our workers’ compensation attorney in Altoona will carefully review your case to fully determine liability.
Numerous factors go into how much workers’ compensation you will receive, but our team of skilled legal professionals will work hard to ascertain your benefits. To do this, you can expect our workers’ compensation lawyer to review past and future medical bills, disability eligibility, and the total wages you have lost during your time out of work. According to the Pennsylvania Department of Labor and Industry, benefits typically cover approved accident-related medical treatment and wage loss after missing seven days of work. The amounts you would receive are calculated based on a schedule and your average weekly wage prior to the accident. Generally, those amounts will be half to two-thirds of your weekly wage.
Because state law requires most employers in Pennsylvania to carry workers’ compensation insurance, the types of industries for workplace injury claims widely vary from education, transportation, manufacturing, and public administration to business services and hospitality. According to the Pennsylvania Workers’ Compensation Act, exceptions to the state’s workers’ compensation requirements can include federal government employees, some agricultural workers, and independent contractors. Our Altoona workers’ compensation attorney can help clarify your eligibility.
If you are wondering whether your injury qualifies for workers’ compensation benefits, there is a good chance that it does as long as it occurred while you were working. The reason for this is because most work-place injuries qualify, including both job accidents and exposure-related injuries and illnesses from hazardous activities, materials, chemicals, substances, or equipment. Common workplace injuries that fall under workers’ compensation include:
Keep in mind, there are numerous other work-related injuries that can qualify for workers’ compensation benefits. If you sustained an injury at work that is not on this list, talking to one of our Altoona workers’ compensation attorneys can help answer questions specific to your case.
After sustaining an injury at work, you do not want to wait too long to get help. From the Workers’ Compensation & the Injured Worker pamphlet, employees should report injuries to employers within 21 days, preferably in writing . If an employer receives notice of a workplace injury more than 120 days after it occurred, you may be barred from making a compensation claim. Another deadline to remember is filing your claim petition with the state. In Pennsylvania, you have three years from the date of the injury. While waiting too long can lead to a workers’ compensation claim denial, our workers’ compensation attorney in Altoona can help you keep up with deadlines. Depending on the circumstances, we may also be able to file an appeal on your behalf.
When you are already financially struggling due to increasing medical bills and time away from work, the last thing you want to think about is figuring out how to pay for an attorney. At Berger and Green, we understand. To make this difficult time in your life less stressful, we offer a free consultation to discuss your case details. In addition, no payment is necessary up front because most workers’ compensation cases are on a contingency fee structure. If you do not win your case, there is nothing to pay.
Sustaining a serious injury at work can be overwhelming. Between attending doctors’ appointments, paying hospital bills, meeting employer deadlines, and submitting documentation, it can be difficult to focus on healing. This is where our Altoona workers’ compensation lawyer at Berger and Green can help by navigating many of these processes for you. Give us a call to discuss your case today.