You know that working in construction can be dangerous, which is why you do as much as you can to stay safe. But despite your best efforts, you were still received on-the-job injuries. The accident wasn’t your fault, yet you are the person who has to deal with the pain, doctor’s appointments, and everything else that goes along with caring for an injury. Workers’ compensation is designed to cover some of the expenses related to your injury, which may lessen some of the stress you are experiencing.
Workers’ compensation may cover more than you know about. If your claim is denied, contact an experienced attorney to find out why, and to try to get you the compensation you deserve. If not, you may end up paying for more than you should—receiving less than you are owed. The insurance company has lawyers working for them to get out of paying you what they should. It’s time for you to have a lawyer on your side, too.
The attorneys of Schmidt Kramer have helped many people just like you get the compensation they deserve. Give us a call today to schedule a consultation and talk with one of our lawyers about how we may be able to get you what you deserve.
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We’re very, very sorry to hear that your life has become so complicated in such an unfortunate way.
Before we get to the answer to your question, we’d like to reassure you about two other things that you didn’t mention.
The question you asked is one we get a lot, because many people who have filed for workers’ compensation benefits in Pennsylvania have been threatened with losing their jobs.
Here’s why the question is a little puzzling: Unemployment compensation isn’t just money that is given to people who have lost a job. It’s money that’s given to people who are actively seeking a new job. You are only considered an active job seeker if you’re able to work when it is offered. However, someone collecting workers’ compensation benefits must be at least partially disabled from a workplace injury or occupational illness. If you’re disabled, then it would seem that you would not be able to withstand the demands of a job, and thus you can’t claim unemployment benefits.
In fact, there is a potential loophole that usually allows most eligible people to claim both unemployment compensation and workers’ compensation benefits at the same time. After an injury on the job, you may not be able to go back to your old line of work, but you may also be perfectly able to handle lighter duties. If you can legitimately say that there is some form of work that suits your skills and your physical limitations, that is sufficient grounds to collect unemployment benefits.
One further complication: for the purposes of Pennsylvania workers’ compensation law, any money you receive in unemployment benefits is treated as work income. Each dollar in unemployment compensation reduces your workers’ compensation income benefits by a dollar. Some people think they will end up collecting twice under the two programs; as a practical matter, though, they end up collecting only the higher amount given by either program.
Our Harrisburg workers’ compensation lawyers are ready to respond to inquiries from our central Pennsylvania neighbors. We can help you understand the value of your workers’ compensation claim, negotiate on your behalf with the employer trying to force you back to work too soon, or appeal a decision to terminate your benefits.
To set up a FREE and confidential case evaluation with a personal injury lawyer, call Schmidt Kramer at (717) 888-8888 toll-free or use the contact form on this page. Just for calling, we’d be happy to send you a free copy of our client report, Who Pays the Bills When You Are Injured at Work?
Surgery can be required for some of the most serious back injuries.
One of the most common procedures is called spinal fusion surgery, which has the technical name spondylosyndesis. During this operation, the surgeon will permanently bond together two or more vertebrae (bones of the spine). The operation is performed under general anesthesia, so you will be asleep during the procedure. Natural bone or artificial bone-like material is used in the grafting process, and metal pins may also be put in place to fuse the vertebrae.
Patients typically face a long recovery time after back surgery, and pain is quite common. You will be gratified to know that the pain diminishes during the healing process, and the post-surgical pain is said to be much less than the ongoing, chronic pain from your job-related back injury.
You note that your doctors have told you that back surgery will “probably” be required. Because this sort of surgery can be so painful and slow to heal, you may wish to consider alternatives to spinal fusion or any other procedure that your treating doctor recommends.
During the first 90 days of medical care for an injury covered under Pennsylvania workers’ compensation law, you are obliged to be treated by one of the doctors that your company has selected for employee claims. As long as your employer has followed critical rules—for instance, identifying at least six company-approved doctors and posting their names and contact information in an accessible place—you must seek treatment from a company doctor.
However, if that doctor recommends invasive surgery (such as most forms of back surgery), you have the right to seek a second opinion from any other physician you choose. Your employer’s insurance will pay for the consultation. You should realize, though, that even if the second opinion recommends a different course of treatment, you still must obtain that treatment from the company-approved health care provider.
You are certainly right that back surgery is expensive. However, under workers’ compensation law in Pennsylvania, you are entitled to receive any form of conventional treatment that can reasonably be expected to make you feel better and lessen your degree of disability. Your employer’s workers’ compensation insurance should pay all your medical expenses.
Unfortunately, insurance companies and employers often try to evade their responsibility to cover expensive injury cases. It would be a good idea to contact a workers’ compensation attorney in Harrisburg as soon as possible to make sure your rights to a full recovery are protected.
At Schmidt Kramer, we have steered workers’ compensation cases to a successful conclusion for hundreds of clients. You can reach us today by calling 717.888.8888 or (717) 888-8888 toll-free to schedule a free, confidential case review. Give us a chance to work for a full recovery from your workplace back injury.
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It’s very unlikely that will happen.
Your employer pays a regular premium to an insurance company; typically, those payments are due every three months. The insurance company then has the duty to pay off any valid workers’ compensation claims filed against that business. The insurer expects it will collect more in premiums than it has to pay out in benefits.
Your company expects that it will pay less in premiums than it would have to spend to pay comp benefits directly to injured employees, but that doesn’t really matter; under Pennsylvania law, very few businesses are allowed to “self-insure” that way. Most businesses are required to buy insurance. Since you mention an insurance company’s involvement in your question, it’s clear your company is with the majority here.
If you have suffered an injury on the job in Harrisburg, Lebanon, or any of our neighboring communities, then your employer’s insurance company will be responsible for paying your workers’ compensation benefits. Now, the insurance company has a definite incentive to try to minimize the money it pays you; every penny it saves adds to its profits at the end of the year. But the payments you receive don’t affect your employer’s bottom line at all. Your boss doesn’t save any money if you’re fired.
It’s almost certain, then, that any veiled threats you receive that suggest your job may be in jeopardy are coming from the insurance company. If you can be intimidated into withdrawing your claim, the insurance company will get to keep a big chunk of money. The insurance adjuster handling your case might even get a nice bonus. So we think you’re being lied to. Don’t worry about your job.
Here’s a simple question that it may not have occurred to you to ask: What happens to your pending workers’ compensation application—or your current benefits—if you lose your job? The surprising answer: nothing happens. If you are collecting medical and wage benefits already, those will continue until you have achieved your maximum medical recovery and are able to return to work, respectively. If you have applied for benefits but they haven’t been awarded yet, the application process will continue.
Firing you won’t cut off your benefits or save money for the insurance company or for your employer. So there is no reason to believe you will lose your job over this.
Pennsylvania, like most of the other 50 states, follows the employment at will rule for jobs. Unless there is a specific labor contract between you and your employer, you are free to quit your job at any time. Your boss is equally free to fire you at any time, for almost any reason, or even without a good reason.
There are two big exceptions to employment at will, however:
It’s that second clause that applies in your case. If your employer fires you because you are applying for workers’ compensation benefits, he stands in violation of state and federal law. He can face stiff civil and criminal penalties, potentially including large fines and jail time. You would be able to sue to either get your job back or (more likely) collect the equivalent of several years’ wages. Most employers won’t even consider taking that risk.
Laws protect you from an employer who might want to discriminate against you because of your workers’ compensation claim. But insurance companies have an extensive set of tricks and gambits to persuade you to accept less than you need for your medical bills—and far less than you deserve.
If you believe that the insurance company or your boss is retaliating against you for seeking workers’ compensation in Pennsylvania, contact our Harrisburg workers’ compensation attorneys.
With one call to 717-888-8888 or (717) 888-8888, you can get your questions answered, order a copy of our FREE book, Who Pays The Bills When You Are Injured At Work?, or arrange for a FREE case review by our experienced legal team. We’ll let you know what we can do to help.
Many people are conditioned to believe that filing any type of claim will result in an all-out war with their employers. Perhaps it is because of the horror stories in the media, or perhaps it is due to the plethora of workers’ compensation attorneys throughout the country, but the workers’ compensation claim filing process has earned a dark reputation.
In fact, most workers’ compensation claims—while admittedly stressful at times—are relatively uneventful. You will be able to tell a lot about how your claim will proceed by your employer’s behavior in the days immediately following your report about your injury. If you are immediately met with doubt and hostility, it is a good sign that you are in for a turbulent ride. If you find yourself constantly having to remind your supervisor to file your claim, you may be faced with a process that feels like pulling teeth.
For the most part, however, filing for workers’ compensation benefits should be a fairly easy process. Your biggest battle will likely be over finding an approved physician that you like, or discussing your wage loss income amount. Below are some things that might help you feel slightly more at ease about your workers’ compensation process:
As workers’ compensation attorneys, we are not in the business of trying to make your case a massive battle—we are there to make sure your rights are protected even in the best scenarios. Don’t wait to call us until you are in a legal jam—our team can help you navigate your workers’ compensation claim from the start, helping you ensure that your claims process goes as smoothly as possible.
To schedule a free consultation with Schmidt Kramer today, simply call our office or click on the live chat link—you will be connected with a firm representative that can connect you with your personal legal team!
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You’ve been working as a fire prevention sprinkler installer in Lebanon for five years. Your job duties require you to constantly look up at the ceiling, and work with your hands above your head. You often come home with headaches, sore shoulders, and an aching neck. Could you have a repetitive stress injury?
Those who perform the same movements day in and day out are prone to experiencing repetitive stress injuries. Do you have the symptoms?
Although the symptoms can vary, they often include:
At the beginning of the injury, the symptoms may only occur when you are performing the movements that caused them. You may feel better once you are at rest. After a few months, however, you will likely experience more pain and swelling if the injury isn’t treated. If the condition continues without treatment, the effects may become irreversible.
If you believe you have a repetitive stress injury that has caused you to miss work, you may be eligible to receive workers’ compensation. Workers’ compensation can help you to pay bills, buy necessities, and live the way you were able to before the injury occurred.
The attorneys of Schmidt Kramer have helped many injured workers in West Shore, York, Lebanon, and the surrounding areas receive the workers’ compensation they needed in order to provide for their families. We may be able to do the same for you.
If you have questions about workers’ comp, want to file for it, or have already been turned down for it, contact a workers compensation lawyer from our firm today to find out how we may be able to help. We know that a loss of income is stressful and devastating, and we will do all we can to assist you in getting workers’ comp.
Connect with us through our website or by giving us a call and speak with an attorney about your situation.
This is an interesting tangle. We have six different answers.
First answer. In Pennsylvania, you are covered under workers’ compensation for injuries that occur at work during the performance of your duties. At first glance, then, it would seem that workers’ comp sets the rules for payment of your medical bills. As you probably already know, workers’ compensation gives injured employees money to pay for their health care expenses related to an on-the-job injury, and also provides a stipend to pay part of your wages for the time you miss from work.
The state requires almost all private employers and their labor force to participate in workers’ compensation. The money that is paid in benefits comes from your employer—sometimes directly, but far more often through an insurance company your boss pays. In exchange for the security of this payment system, you are not allowed to sue your employer or coworkers for injuries caused by their negligence.
So the first answer is that your company or its insurance plan pays your bills as a standard workers’ compensation claim.
Second answer. At second glance, we realize that it’s not obvious your injury falls under workers’ compensation rules. The crucial question is whether you were actually injured at work in the performance of your duties. You were in your car in the parking lot when the accident happened. Was this before the start of your workday, or after you clocked out for the afternoon? Were you on your lunch break? Was traveling in your personal vehicle a regular part of your job?
If it turns out that the accident happened on your personal time, then it may not be covered by workers’ compensation rules—even though you were hurt on company property. If that’s the case, you may be able to file a Pennsylvania personal injury lawsuit against your company, if the safety measures in the parking lot (such as directional and warning signs) were inadequate. Because this accident is not covered by workers’ compensation, the usual ban on suing your employer does not apply.
Third answer. If the heating and cooling installer who collided with you did not exercise ordinary, reasonable care when driving in the parking lot, you may have a personal injury claim against him. This means you need an investigation into the truck driver’s role in the accident. Was he appropriately trained to drive the truck? Was he intoxicated? Did talking on his cell phone distract him at the time of the crash?
Fourth answer. If the installer was driving his truck as part of his performance of assigned job duties, then you also may have a legal claim against his company for its failure to hire a responsible and trained driver.
Fifth answer. If the truck slammed into your car because its brakes failed or because of sudden acceleration, you may also have a legal claim against the person or business responsible for selling a defective vehicle, installing a defective part, or incompetently performing maintenance on the truck.
Sixth answer. If nobody did anything wrong—if everyone acted in a reasonable manner but circumstances just ran out of control—and if your injuries are covered under workers’ compensation law, then you will be responsible for your own health care costs. You will either have to pay from your own pocket or else rely on any health insurance coverage you have.
Who is responsible for your injury is a very difficult question that can’t be answered without a detailed investigation into your case. Our Lancaster work injury attorneys would need to compare your version of events with the statements of the truck driver and of any other witnesses. We would interview managers at both companies and examine employment records, with the intention of determining whether Pennsylvania workers’ compensation law applies to this case.
Call us today at 717-888-8888 or (717) 888-8888 toll-free to schedule a free, confidential case review. Let us explore whether we can get you the justice and financial settlement that you need for your injuries.
There are many questions and concerns a person might have shortly after being injured. An injured worker is and should be worried about their well-being and finding out what is currently affecting them but other thoughts are prevalent too. An injured Pennsylvania worker might start immediately worrying about what happens if they can’t work and cannot earn money like they were, or, even worse, if they might lose their job if they report the injury. The first thing an injured worker must do is to report their injury promptly and to their supervisor.
The supervisor may be your shift leader, your store manager, or your production supervisor. The key is that you must seek out the person to whom you normally report, or someone above that person, and make sure they know that you’ve suffered a work injury. That person must then make sure that your injury is reported to the appropriate people. If you’ve reported your injury but have heard nothing, you might want to check in again. Even if you have to go to the Manager of the entire operation, it is important to make sure that you’ve reported your injury, that it’s been documented, and that the workers’ compensation insurance company has been alerted.
Additionally, it is key that you tell the employer/manager/supervisor that you’ve suffered a work injury and you should inquire about workers’ compensation insurance and where and with whom you should treat medically. Often times, an injured worker will say, “my back hurts” or “I don’t feel well”. This is not enough. A worker should report that there is a work-related injury to be safe.
No matter what your concerns might be after suffering a work-related injury, make sure you quickly and fully report your injury. It may be the difference in you collecting benefits or not.
We think there’s something you’re telling us. Our guess is that someone at your workplace is pressuring you not to file a workers’ compensation claim in Pennsylvania, but to file a claim in Delaware or else file no claim at all.
That’s almost certainly not the best option for you. If you are employed in Pennsylvania and you were hurt at your Pennsylvania job while performing job-related duties, then Pennsylvania workers’ compensation covers your case.
Now, it’s true that many large corporations—and even more smaller ones—have registered their business in Delaware and received a Delaware state charter. The effect of this is that some legal requirements for business decision-making at the highest levels will be resolved under Delaware law. Since the early 1900s, Delaware has aggressively promoted its business-friendly political and legal system in order to attract corporate business to the state; some critics say Delaware has grown too lax in policing shoddy and unethical business practices.
But that’s really a story for another day, because it’s irrelevant here. The Delaware corporate rules only apply to huge business matters, not small issues such as payment for a job injury. Workers’ compensation across state lines simply doesn’t apply to your case. Any business with at least one employee that operates in Pennsylvania must carry workers’ compensation coverage for all of its workers. Even if your restaurant chain operates only a single outlet in Pennsylvania, that one store or restaurant would have to follow Pennsylvania law and obtain insurance coverage to repay you for your medical bills, lost work income, occupational therapy, and permanent disability. If your boss or supervisor is trying to get you to file a claim elsewhere, it may potentially delay your benefit payments.
Your case brings up an interesting point, however, that may be helpful to some of our readers who may be dealing with workers’ compensation claims between two different states. Consider, for example, these situations:
Because all three of these workers were hurt while performing job functions, they are covered under Pennsylvania workers’ compensation law, even though they were away from their normal workplaces at the time of the injury. Alternatively, they may be able to claim benefits under workers’ compensation laws for Missouri, Illinois, or California—the states where the injuries occurred—especially if their companies had a business presence in those states. Each also has a potential third-party claim for losses caused by a negligent driver, restaurant training school, or hotel, respectively; those claims could include damages such as pain and suffering that aren’t paid by workers’ compensation claims.
A workers’ compensation attorney would be best able to advise these people which sort of claim would give them the greatest scope for a financial recovery.
You, too, can benefit from listening to an attorney’s advice that is customized to the specifics of your case. To schedule a FREE consultation with a workers’ compensation lawyer in Harrisburg, contact Schmidt Kramer at (717) 888-8888 toll-free. In addition to a free conference, Schmidt Kramer would also like to offer a FREE copy of their client brochure, Who Pays the Bills When You Are Injured at Work?
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This is a great question, because it illustrates how even apparently simple Pennsylvania workers’ compensation issues can quickly become complex —and how much the result you get will depend on the specific circumstances of your job and your injury. We’ll even highlight some of the essential issues that we meet along the way.
Let’s start out talking about the nature of your job. You say you’re a subcontractor. Are you a one-person business, or do you work for a company that also employs other people? If you have an employee and employer relationship with someone, then that company almost assuredly is required to provide workers’ compensation coverage for its employees when they’re functioning as contractors in Pennsylvania. If you’re the owner and sole worker for your drywall business, then you may not have purchased workers’ compensation insurance.
Here’s the next complication: sometimes people who are truly employees are deliberately misclassified as independent contractors. Their bosses do this to simplify their record-keeping, to cut expenses, and to avoid paying for full wages and benefits. For example, if your assignments come from a boss who also controls the schedules of other drywall installer “independent contractors”—or even other specialists in home repair and renovation—then it’s possible you’re entitled to Pennsylvania workers’ compensation coverage as an employee.
Under some circumstances, even if you are a sole business owner, you may be equivalent to an employee for a general contractor. If some, you would deserve workers’ comp benefits for your fall out a window. The question of who counts as a “statutory employee” for contractor work is incredibly complicated. It seems every few months a new appeals court ruling changes the reach of the law a little bit. You will need to work closely with a Pennsylvania workers’ compensation attorney if you believe this part of the law might apply to you.
By now, you may have an inkling about whether workers’ comp benefits would be available to you. If they are, you can be assured that workers’ comp will cover your medical and dental costs that derive from your accident. However, there is another possibility for your case: a third-party claim.
Pennsylvania workers’ compensation makes your employer and coworkers immune to lawsuits if their irresponsible behavior in the workplace ends up hurting you. Workers’ comp doesn’t give any similar immunity to people you’re working with casually. If you have been injured at work because a contractor acted negligently or maliciously, you may have a valid legal claim against that contractor, his company, or both.
In your case, you tripped and fell because of a power cable not properly secured by an electrical contractor. Assuming that you and the electrical worker were not both employees of the same employer, you could pursue a lawsuit against the electrician and his employer for the damages you suffered. Often, it’s even possible to collect both damages and workers’ compensation benefits in Pennsylvania for a single injury. You will be permitted to keep compensation for recovery areas that do not overlap; for example, lawsuit damages for pain and suffering—not reimbursed by workers’ comp—or income loss beyond the portion that workers’ comp pays.
This brief introduction shows only a few of the many possibilities that a simple workplace fall can open up. To get a complete perspective on your case or to have your specific questions answered, you will want to schedule a meeting with one of our Harrisburg workplace injury lawyers. Schmidt Kramer offers FREE initial consultations: use the contact form on this page or call 717-888-8888 (or (717) 888-8888 toll-free) to set up your appointment. Just for calling, we’d be happy to send you a free copy of our brief client report, Who Pays the Bills When You Are Injured at Work?
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