The Pennsylvania Worker’s Compensation Act provides for insurance that pays medical and wage loss expenses for workers with work-related injuries and illnesses. It also pays death benefits to dependent survivors in the event of a work-related death.
In Pennsylvania, most workers are eligible for worker’s compensation, but you should check with your employer to verify coverage. If you find that your employer does not have coverage, you should check with the Pennsylvania Bureau of Worker’s Compensation to verify your eligibility for worker’s compensation.
If you injure yourself at work, you should do the following in order to be eligible to receive worker’s compensation:
Notify your supervisor or someone in management immediately. Tell them about your injury as well as where and when the injury occurred. You should report any injury—not just an injury that resulted from an accident. If you fail to report the injury, your worker’s compensation claim can be delayed or even denied. In Pennsylvania, you must report the injury within 21 days. After 120 days, no worker’s compensation is allowed. Note that rules for illness such as cancer can be different from rules related to an injury.
Once you report your injury, employers are required to file a first report of injury with the Pennsylvania Bureau of Worker’s Compensation. After the paperwork has been filed, the employer or insurance company can accept or deny your worker’s compensation claim.
Seek medical attention right away. If the injury is life-threatening, go to the nearest emergency room for assistance. Afterwards, you must choose a doctor from a list of worker’s compensation doctors provided by your employer for your initial treatment. If your employer does not provide a list of doctors, then you are free to choose any doctor you wish. This rule applies to workers in Pennsylvania and may be different in other states.
Be sure to tell the doctor you were injured at work and frankly discuss all of your symptoms and health issues. Your doctor cannot assess your condition without all of the facts.
Navigating the Pennsylvania worker’s compensation filing and appeals processes can be very stressful and confusing. If your worker’s compensation benefits have been denied or you are not getting the benefits you are due, you should contact a reputable attorney for assistance. Be sure to save all of the accident paperwork you receive from your employer, doctor, and insurance company so that you will have everything your attorney needs to represent your interests.
The attorneys at Schmidt Kramer are experienced in handling Pennsylvania worker’s compensation matters. Contact Schmidt Kramer Injury Lawyers toll-free at (717) 888-8888 and ask to speak to a Harrisburg worker’s compensation lawyer for a free consultation.
According to a workers’ compensation lawyer at Schmidt Kramer, it is important to develop habits that reduce strain and wear-and-tear in order to prevent back injuries. One way to avoid straining your back is to avoid bending and lifting objects whenever possible. Unfortunately, that advice is not always practical.
When you do have to lift an object, make sure to follow safe lifting guidelines. In addition, keep these back safety tips in mind:
The attorneys at Schmidt Kramer Injury Lawyers are committed to promoting workplace safety and urge workers to take note of the tips listed above in order to prevent painful back injuries. If you are seriously injured on the job and need legal assistance, contact a workers’ compensation attorney toll-free at (717) 888-8888 for a free case review. You may also wish to download a free copy of their book, Who Pays the Bills When You Are Injured At Work?, for more information.
If you are currently dealing with a workers’ compensation claim, your insurance company may have mentioned the option for a lump sum settlement; this is also known as a Compromise and Release. A lump sum settlement is just what it sounds like: the insurance pays you one big chunk of money all at once and then washes their hands of their financial obligation to you.
When you receive workers’ compensation benefits, you will usually get a set amount per week until you are medically cleared by your doctor. The lump sum settlement gives you everything at once.
Is accepting the lump sum a good idea? It really depends on your situation. Some people don’t like not knowing how much they will ultimately receive over the course of their weekly payouts and just prefer to get everything at once. However, before you get blinded by dollar signs, it is important that you step back and look at the big picture. What happens if they don’t offer you enough money and you run out before you can go back to work? Does the money cover future medical bills? What if your condition worsens?
In most situations, the workers’ compensation insurance company is probably going to try to give you an amount of money that is less than you deserve. If you’re not sure whether or not you want to take a lump sum, one of the best things you can do for yourself is to hire a workers’ compensation attorney. You will have a legal professional on your side and the insurance company will be less likely to try and take advantage of you if they know you have a lawyer.
Do you have questions? Please feel free to initiate a live online chat through our website by clicking on the graphic toward the top of this page.
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The answer, in many cases, is both! For workers who spend time on the road (truck drivers, delivery drivers, home care/hospice nurses, or transit drivers) the likelihood that a work related injury might be caused by the negligent driving of another person greatly increase. In cases where a person is traveling by car or truck, in furtherance of the employer’s interests, when injured, the worker may have a workers’ compensation claim in addition to a lawsuit against a defendant driver.
Workers’ compensation provides benefits for injuries in form of compensation for lost wages and payment for reasonable and necessary medical treatment related to the work injury. Workers’ compensation cannot provide payment for pain and/or suffering but a third party case may.
While it’s important to look at both cases, an injured worker cannot collect fully from both the workers’ compensation insurance company and the other driver. The insurance company may be entitled to subrogation, which means the WC insurance company can be paid back all or a portion of the benefits they’ve paid if another driver is found to be at fault. These situations can become complicated so it is important that you reach out to a law firm who specializes in both auto cases and workers’ compensation matters. It’s also helpful to reach out early in the process.
Schmidt Kramer has extensive experience in both workers’ compensation and auto cases and has been serving Central Pennsylvania including Dauphin, Lancaster, York, and Lebanon Counties for decades. Reach out for a free consultation today.
Work-related injuries and illnesses are very common. So much so that most Pennsylvania workers will suffer a work-related injury or illness at some point in their career. In fact, the Pennsylvania Bureau of Workers’ Compensation reports that 85,560 workers lost work time due to injuries and occupational illness in 2010. When a worker is unable to work due to a serious injury or occupational illness, serious financial hardships generally follow.
A totally disabled worker is eligible to receive an income loss benefit to make up for missed wages. The benefit is equal to two-thirds of the pre-injury average weekly wage up to a maximum amount, which is the state average weekly wage. Benefit payments are payable on the eighth day following a work-related injury or illness. If you report your work-related injury right away, miss more than seven days of work, and your employer’s insurance carrier accepts your claim, you should receive payment within 21 days from the date of your injury. Once you have been off work for 14 days, you will receive a retroactive payment for the first seven days of your disability.
In a perfect world, all injured workers in Pennsylvania would receive their workers’ compensation disability payment within 21 days. At Schmidt Kramer, we have experience obtaining the benefits owed to individuals whose workers’ compensation claim has previously been denied. The appeals process for a denied claim is complicated and you will need help. If your workers’ compensation claim has been denied, contact a Lancaster workers’ compensation attorney today at (717) 888-8888. We will provide you with a no-obligation case review. You can also download a free copy of our book Who Pays the Bills When You Are Injured at Work? for additional information.
Your employer is always obliged to cover your health care expenses that result from a workplace injury or occupational illness. You do not have to file a lawsuit or even prove that you were not at fault. In fact, under the grand bargain of workers’ compensation, you are not allowed to sue your employer for damages.
Who actually pays the bills depends on some decisions made by your employer:
If nobody gets hold of you about your benefits within a day or two, you may want to call the contact number that your boss should have provided you. Or it might be in your better interest to call us at (717) 888-8888 and ask for a FREE copy of our guide, Who Pays The Bills When You Are Injured At Work?
Pennsylvania workers’ compensation will pay the medical expenses related to your workplace burn injury and will give you a portion (about two-thirds) of your usual income if your injuries force you to miss work.
However, if your injuries were ultimately due to the recklessness or negligence of someone who does not work for your employer, you are not confined by the rules of workers’ compensation. A lawsuit against a negligent third party can permit you to recover money for pain and suffering, psychological damage, scars and deformities, all lost current and future income, and even punitive damages. These areas of compensation are not normally available under workers’ compensation in Pennsylvania.
You may be able to file a civil lawsuit against this person or his business and collect workers’ compensation benefits at the same time.
The key issue is figuring out who was responsible for the incident that caused your burn injury. An investigation by an experienced workplace injury attorney is the only way to find out who was really at fault. At Schmidt Kramer, our workers’ compensation lawyers in Lancaster regularly conduct these investigations on behalf of clients, and we charge nothing for this service unless we can get a financial recovery.
Of course, if you are satisfied by the limited compensation your employer offers you for your burn injury, you do not have to take any action. But if you want to find out whether you are eligible for additional compensation, call our office at (717) 888-8888 toll-free to schedule a free, confidential case review. We handle cases in Harrisburg, Carlisle, York, Lancaster, Lebanon, and all nearby communities.
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Preexisting conditions, such as your stress fracture, can greatly complicate the nature of your workers’ compensation claim. The good news, however, is that the preexisting condition does not preclude you from collecting workers’ compensation benefits entirely—it will simply lower the total amount of benefits that you receive.
Workers’ compensation benefits are meant to cover you financially from injuries that occur in the scope of employment. This means that for injuries that occur at home or even during lunch breaks, you may not be able to receive any type of workers’ compensation benefits and your own health insurance will need to foot the bill.
Your situation is unique, however, as a workplace injury did occur, yet it may not have been as serious had you not already been injured from an extracurricular activity. Your stress fracture, or hairline fracture, is considered a preexisting condition. While dropping the box would have likely hurt your foot anyway, the absence of the hairline fracture would have possibly prevented the more serious acute fracture.
This is when finding a doctor that is very experienced in workers’ compensation claims can help. The amount you ultimately receive will be determined by how much worse the new injury made the old injury. A doctor who is used to handling workplace injuries will be able to properly document both injuries and give a fair recounting on your claim.
While it may seem clear that the workplace injury worsened your preexisting condition, your employer or their workers’ compensation insurance carrier may dispute that your acute fracture was the result of your work. In order to ensure that you receive the benefits and compensation that you deserve, you will want to make sure that you have the proper doctors and lawyers on your team.
At Schmidt Kramer, we handle complicated cases like yours regularly, and fight to ensure that your rights as an injured employee are not abused. To discuss your case with a licensed workers’ compensation attorney in Harrisburg, contact us now for a free consultation.
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As a general rule, you are entitled to receive workers’ compensation benefits if you are a worker in a business with more than one employee and if your illness or injury occurred in the course of your work duties.
In Pennsylvania, workers’ compensation is a no-fault system. That means the employee will receive benefits to cover his or her legitimate medical expenses regardless of who was responsible for the injury—the employer, a coworker, the business owner, or a manager. It’s important to assign blame for the injury only if someone outside the company may be responsible; in that case, an injured worker may have a valid legal claim for compensation from that outside party.
So your supervisor is probably wrong. You probably can file for your Pennsylvania workers’ compensation benefits and expect to receive them.
No doubt you noticed that we used the word “probably” twice in the previous paragraph. That’s because there are always exceptions to general rules. In some cases, you may not be eligible to collect workers’ compensation benefits in Pennsylvania. Here are some possible reasons why:
As you can see, it’s important to investigate every detail of your job-related back injury to make sure that you qualify for disability benefits. That’s just one reason why you should protect your interests by talking with a workers’ compensation lawyer in Lancaster early on. Contact the team at Schmidt Kramer by calling 717.888.8888 locally or (717) 888-8888 toll-free to schedule a free, confidential case review. At your request, we will even send you a copy of our informative brochure, Who Pays The Bills When You Are Injured At Work? completely FREE to help you understand your legal rights.
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Carpal tunnel syndrome is considered a repetitive stress injury. A repetitive stress injury is one that occurs as a result of repeating the same motion over and over again. Carpal tunnel is linked to tasks that require awkward hand motions, vibration, mechanical stress on the palm or wrist, strong gripping, and repetitive hand motions. Unlike many other work-related injuries, carpal tunnel happens over time and cannot be linked to a particular incident.
The onset of carpal tunnel is usually accompanied by a variety of symptoms that affect the fingers, hand, or wrist including:
If you suspect that you have carpal tunnel, you will need to consult your doctor. The evaluation of occupational carpal tunnel syndrome is typically a four-part process. Your doctor will go through each step and test with you to confirm your diagnosis. The basic process is as follows:
After your test results are evaluated, your doctor will contact you to discuss your diagnosis and treatment options.
If you have been diagnosed with occupational carpal tunnel syndrome, you have the right to file a workers’ compensation claim. However, claims for repetitive stress injuries can be tricky, and your employer and its insurer may stand between you and the benefits you are due. If you are having trouble obtaining workers’ compensation benefits, reach out to our experienced legal team today. You can contact us at any time of the day or night through our online contact form or by initiating a live chat.
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It’s fairly common for workers’ compensation claims to be denied by either the employer, or by the insurance company that has been hired to administer benefits to workers hurt on the job. Sometimes, these people legitimately think that employees do not qualify for comp benefits. Much of the time, though, claims are denied purely as a cost-savings measure; the company blocks the claim and hopes the employee will give up pursuing his benefits.
You’d be surprised at how often that sort of intimidation tactic works. Some people are so timid about dealing with bureaucracy that they surrender their legal rights, even though thousands of dollars may be at stake.
If you sincerely believe that you have a legitimate workers’ compensation claim in Pennsylvania, we encourage you not to give up so easily. When your boss denies your claim, that’s not the end of the road. Let’s map out the next two stations along the way:
An administrative law hearing to claim your workers’ compensation benefits is very complex. An appeal is even more complicated and demands a detailed familiarity with Pennsylvania workers’ compensation law. Let’s be honest: you probably do not have the skills or specialized training to go ahead with these procedures on your own.
The workers’ compensation lawyers of Schmidt Kramer have precisely those skills and the depth of experience, and that’s why we have been able to help hundreds of our fellow Pennsylvanians get the workers’ comp settlements they deserve. We want to share that experience with you, and we’ll even do it at our own expense. Contact us today and request a copy of our client book, Who Pays The Bills When You Are Injured At Work?, and we will send it to you FREE.
Read the book. Once you’re convinced that we know what we’re doing and that we’re the legal team you want for your work injury case, call us at 717-888-8888 or (717) 888-8888 toll-free to schedule a free, confidential case review. We’d be honored to work hard to get you the best available outcome for your case.