If you are injured at work, workers’ compensation will usually take care of it. However, there are instances when workers face difficulties in getting covered for their damages. If this occurs, you want a reliable lawyer on your side.
Luschas, Naparsteck & Crane, LLP has years of experience representing clients in workers’ compensation cases in the Columbia County, PA area. Read on to find out how we can help protect your rights.
What Type of Injuries Can Occur in the Workplace?
There are many types of injuries that can occur in the workplace. We often think of injuries occurring in hazardous industries like construction, but they can happen in office settings as well. It’s not unusual for people to incur repetitive stress injuries from being on a computer eight hours a day.
Here are some of the most common injuries that happen at work.
- Carpal tunnel syndrome
- Neck injuries
- Joint injuries
- Traumatic brain injuries
- Asbestos exposure
Do I Need a Lawyer for My Workers’ Comp Claim?
In most instances, workplace injuries are covered by workers’ comp and there are few complications involved. However, there are issues that may come up where you will need a lawyer’s assistance. Here are some examples:
Your Employer is Refusing to Pay
After being injured on the job, you should be compensated for loss of wages, medical care, job retraining if your injuries render you unable to continue at your current position, and emotional and physical pain and suffering. If your employer is unwilling to pay, a lawyer may be able to help.
Your Employer Refuses to Report the Injury
To file a claim, both you and your employer will need to fill out a report. Your report will go to the employer and your employer’s report will be filed with insurance. If your employer is not doing their part in filing a report, you may need to call in an attorney.
You are Not Receiving All Your Benefits
After an accident, you should be covered for medical expenses and disability benefits to make up for lost wages. If your employer is refusing to pay all the benefits you are owed, you may need legal assistance.
You Were Fired or Treated Badly After Your Injury
It is illegal for an employer to retaliate for a workplace injury. He or she may not fire you, demote you, or treat you badly. If this type of behavior is occurring in your workplace, you may take it to a legal forum.
You are Having Trouble with the Doctor You Were Assigned To
After becoming injured, you will be seen by a doctor that is part of the insurance company’s network. You may choose the doctor off a list of providers, but you may not see a doctor who is not in the network.
Many patients have issues with the doctor they are assigned to. They may think the doctor is not providing an accurate diagnosis and this may be the case. It is not unusual for doctors to work with insurance companies to underestimate a patient’s condition so the insurance company can make a lower payout. They do this to continue getting the insurance company’s business.
If this type of fraudulent behavior is happening with your claim, it is time to see a lawyer.
Your Employer Will Not Offer You Alternate Work After You Recover
In some instances, your injuries may render you unable to perform the tasks of your previous position. If this is the case, your employer may be able to offer you an alternate position that better suits your capabilities. If he or she is unable to do so, they must offer you compensation so you can retrain for a position at another company.
If they are not offering you either option, you may need to take legal action.
Note, if you are forced to take a different position that is lower paying, your employer will have to compensate you for the discrepancy in wages.
You Are Offered a Lump Sum Payment
Workers’ comp is usually paid out in installments, but there are instances where payments may be made in a lump sum. If you are offered a lump sum, proceed with caution. You may be presented with an amount that seems like a lot of money, but when you apply it, you may find it is barely enough to cover your needs.
It’s best to talk to a lawyer before accepting any lump sum offers.
How Much Will Workers’ Comp Cover?
In the state of Pennsylvania, injured workers may receive two thirds of their average weekly pay. Medical expenses are covered as well.
How Long Does Workers’ Comp Last?
Workers’ comp lasts until you go back to work or sign an agreement suspending your benefits.
At some point in your treatment, your doctor will determine if your condition is improving. If they do not think you will continue improving, they will determine you have reached MMI or Maximum Medical Improvement.
When you reach MMI, the doctor will determine if your injury has left you with permanent restrictions. If this is the case, they will give you a disability rating and they will determine whether you have a permanent total disability or a permanent partial disability.
If you have a permanent total disability, you will be exempt from working for the rest of your life and you will continue collecting compensation.
If you are diagnosed with a permanent partial disability, your compensation will be based on a system of scheduled or unscheduled loss. If your injury is listed on the state’s schedule, it can be used to determine how much you can be compensated for. If your injury is not scheduled, your disability rating will determine how much you are eligible to collect.
Why Luschas, Naparsteck & Crane, LLP is the Best Choice for Your Pennsylvania Workers’ Comp Claim
If you unable to collect for your workers’ comp claim, you need a reliable lawyer on your side. Luschas, Naparsteck & Crane, LLP has years of experience representing workers in the Columbia County, PA area.
Luschas, Naparsteck & Crane, LLP is known for treating our clients with respect. We are not intimidated by big business. We will stop at nothing to see to it you get the compensation you deserve.
Call us to schedule a free consultation. We will make sure justice is served.