There are many types of injuries that can occur in the workplace. While construction workers and other service people are at high risk, even those with a desk job can incur injuries from using the computer every day.
Injuries that occur at work are usually covered by workers’ compensation. But in some instances, complications can arise. Your employer may try to say your injuries were not work related or he or she just may not want to pay up.
If you are having trouble getting compensation, you need an attorney on your side. The workers’ compensation lawyers at Luschas, Naparsteck & Crane, LLP are Montour County, PA attorneys that will see to it that you are covered for your damages.
What are Common Work Related Injuries?
There are several types of injuries that may occur in the workplace. A construction worker may fall or get hit by heavy equipment. A lab worker may incur chemical burns. An office worker may get carpal tunnel syndrome from typing on the computer every day.
Here are some other common workplace injuries.
- Neck injury
- Back injury
- Strains or sprains
- Traumatic brain injury
- Concussion
- Electrocution
- Joint injuries
- Amputations
- Asbestos exposure
How Do I Get Workers’ Compensation Benefits in the State of Pennsylvania?
Every workplace has a specific procedure to follow in order to get benefits. Not following the procedure may result in a denial of your claim.
In the state of Pennsylvania, you must report your injury to your employer within 120 days of its occurrence. But, as a general rule, the sooner you file the better. If you wait too long, it will be difficult to prove the injury was caused by the work-related activity.
Your company should have a form you will need to fill out as part of the claim’s procedure. Once this is completed, they will have to file their own report with the insurance company.
In some instances, employers drag their feet on filing with insurance. If your employer is taking a long time filing, you may need to call an attorney.
Seeing a Doctor to Determine Eligibility
After your claim is filed, you will need to see a doctor. The doctor will examine you to determine how bad your injuries are and how long you will need to take off work. The examination will also prove whether your injuries were work related.
The doctor you end up seeing will not be your regular practitioner. Rather, it will be one you will choose off a list of doctors registered with your employer’s insurance provider.
It is not unusual for patients to be unhappy with the doctor they are assigned to. They may feel that the doctor is not providing high quality care, or they may feel they are misdiagnosed. If this is the case, they may choose another doctor on the list, but they can not choose a doctor who is not approved by the system.
If a patient is not satisfied with the care they are getting from the insurance-approved providers, it may be necessary to have an attorney step in.
How Much Workers’ Comp Can I Get in the State of Pennsylvania?
Workers’ compensation in Pennsylvania is set at 2/3 of the worker’s weekly salary. Maximum compensation is $1,081 per week.
In addition to a weekly salary, your workers’ comp will also cover medical benefits.
How Long Can I Collect Workers’ Comp?
The doctor will determine how long it will take for you to recover from your injuries. Workers’ comp benefits will last until you return to work.
You may also sign an agreement to end or suspend your benefits. Losing your case will end benefits as well.
In some instances, you may not fully recover from your injuries.
In time, you will reach a state called MMI or maximum medical improvement. At this point, your doctor will determine if you have lasting restrictions that prevent you from returning to work of any kind or from performing the duties of your past position. Basically, this will be the difference between a permanent total disability or a permanent partial disability.
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 on your state’s schedule, it will dictate how many weeks you will be compensated for. If it is not scheduled, your disability rating will be used to determine how long you are eligible to receive benefits for.
If you are able to return to work but your injuries prevent you from carrying out the duties of your past position, your employer may be able to offer you a position that you can perform. If he or she is unable to do so, they will need to provide you with a means to train for a position that is suitable to your condition at another company.
If you are forced to take a lower paying job due to injuries, whether at your current company or at a new company, your workers’ comp will cover a percentage of any discrepancy in wages.
Why Luschas, Naparsteck & Crane, LLP is the Best Choice for Your Pennsylvania Workers’ Compensation Claim
There are many reasons why you may need a lawyer in a workers’ comp claim. You may be unhappy with your doctor, your employer may be dragging their feet on paying out, or they may try to say that your injuries are not work related. If you are having trouble getting the compensation you deserve, Luschas, Naparsteck & Crane, LLP will be there to defend you.
Luschas, Naparsteck & Crane, LLP has years of experience working with workers’ comp claims in the Montour County, PA area. We will not let employers get away with taking advantage of their workers. We will fight relentlessly to see to it that you get the outcome you deserve.
Fighting your employer on a workers’ comp claim can be intimidating. Do not let big business get away with it. Call or contact us online at Luschas, Naparsteck & Crane, LLP for a free consultation and take the first step in fighting back.
