If you suffered a work-related illness or injury and are partially disabled as a result, you may be eligible for workers’ compensation partial disability payments. The following are the specifics of the partial disability weekly wage loss benefit calculation:
Workers’ compensation law protects insurance carriers, often at the expense of injured workers. For those partially disabled, but still able to work, partial disability payments may continue for a maximum of 500 weeks. After that time, wage loss benefits stop.
For some illnesses and injuries, 500 weeks is plenty of time to recover and get back to doing your old job. In other cases, Pennsylvania workers are unfairly reclassified as partially disabled due to an impairment rating examination or a labor market survey.
If you have been treated unfairly by a workers’ compensation insurance carrier and need help, contact an experienced and skilled workers’ compensation lawyer at Schmidt Kramer. The toll free number is (717) 888-8888 and the consultation is free.
You may also wish to download our book Who Pays the Bills When You Are Injured at Work? for more information.
Pennsylvania workers’ compensation law provides specific loss benefits for those who have suffered an amputation, permanent loss of function of a body part, hearing loss, vision loss or disfigurement.
In order to be eligible for the specific loss benefit, the injured Lebanon worker must have suffered permanent loss of use of the affected body part. This means that the body part no longer functions in a meaningful way. The following are the body part injuries eligible for specific loss benefits under Pennsylvania workers’ compensation law:
The serious work-related body part injuries listed above are eligible for specific loss benefits regardless of whether the injured worker actually loses time at work. Have you suffered amputation, loss of use of a body part, or some other serious injury due to an accident that occurred at work? Contact a workers’ compensation lawyer at Schmidt Kramer for assistance.
Our attorneys regularly work with injured employees to ensure they receive the benefits they are owed. Do not wait—contact us today at 888-476-0807 for your free workers’ compensation case review.
You may also wish to download our free book Who Pays the Bills When You Are Injured at Work? for more information.
That’s just not right.
Every workplace in Pennsylvania is required to display a notice about workers’ compensation rules in an area employees can view. It’s important that workers have a chance to understand their rights.
When bosses mislead employees about their rights, it’s usually because they are trying to cheat them or to take unfair advantage of them. It’s pretty clear that’s what’s happening in your case.
Based on our experience as workers’ compensation attorneys in Harrisburg, we believe that your boss probably has not followed through on the legal requirement that he buy workers’ compensation insurance. Small business owners in Pennsylvania are required to buy this insurance to guarantee benefits will be available when someone is injured in the workplace. The roofing industry doesn’t have high profit margins, so your boss probably thought he could get away with keeping the money he would otherwise have to spend on insurance premiums. He’s not going to be eager to pay your claim himself, obviously. That’s why he’s lying to you about your rights—in the hope you will drop your claim.
Under the law, an injured worker should receive coverage for all his medical care related to an on-the-job accident. An injured worker is also entitled to partial replacement of his lost wages when he is disabled for an extended period.
The circumstances of your case may also determine your other options for compensation. For instance, if your fall was due to a defective ladder or a malfunctioning safety harness, you may be eligible to seek a recovery from the company that made or sold this dangerous equipment.
Workers’ compensation in Pennsylvania covers all private businesses with at least one employee. You qualify for full medical benefits even if you are a part-time worker. You keep your right to demand a recovery even if you work in a high-risk job. Those are the rules.
If your boss continues to deny you access to the benefits you deserve, there are options. Contact Schmidt Kramer at (717) 888-8888 today and ask to schedule a free conference with one of our Harrisburg workplace safety lawyers. Just for calling, we will be glad to send you a copy of our introductory book, Who Pays The Bills When You Are Injured At Work?, at our expense.
Your job requires you to pick up heavy items and lift them onto pallets above your head. As far as you know, your shoulders were healthy and pain-free prior to your job, but now, five years later, you can’t go a day without taking a pain reliever. You firmly believe that your problem is because of your job, but since it wasn’t one specific incident that hurt your shoulder, you’re not sure if you can file a workers’ compensation claim.
Workers’ compensation isn’t always given because of a specific accident; folks can receive it due to injuries that took years to form due to repetitive motion and overuse. This type of injury is called a cumulative trauma.
A doctor will need to examine you and determine if he thinks your injuries are caused by the tasks performed on your job. If the doctor doesn’t give you an answer you think is correct, you can get a second opinion.
Many different injuries fall under those caused by cumulative trauma—including carpal tunnel syndrome—and those that have to do with the back, wrists, legs, shoulders, and neck.
If you believe your injury was caused on the job, contact the West Shore workers’ comp attorneys of Schmidt Kramer. We have helped many hard workers receive the compensation they deserve, and we might be able to do the same for you. When you call, we will go over the particulars of your case and help you better understand your rights.
Know someone who was injured on the job? If so, we encourage you to share this information with him or her.
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We offer our deepest condolences on the loss of your husband. To answer your question, weekly death benefits are generally paid to a surviving spouse and children, although they may be payable to parents and siblings if the worker was unmarried and had no children.
The weekly benefit amount payable to the surviving spouse, children, or other family members is based on the worker’s average weekly wage, which cannot exceed the maximum compensation rate mandated by the state of Pennsylvania. Once the average weekly wage is established, the weekly death benefit amount is calculated using percentages outlined in the Pennsylvania Workers’ Compensation Act.
Percentages for the surviving spouse and children are shown below:
Losing a loved one to a work-related accident is a tragedy. The ensuing financial pressures can make a heartbreaking situation even worse. If you have lost a loved one to a work-related illness or accident or have been seriously injured on the job yourself, you need good advice and someone to look out for your best interests.
We are dedicated to helping those who have suffered work-related deaths or injuries obtain the compensation they are due. Contact a compassionate and skilled workers’ compensation attorney at Schmidt Kramer today at (717) 888-8888 for your free case evaluation—we can help!
You may also wish to download a free copy of our book Who Pays the Bills When You Are Injured at Work? for more information.
The Pennsylvania workers’ compensation system is meant to protect workers who suffer from illness or injury as a result of their job. Workers’ compensation benefits include providing victims with compensation and funds for medical care, treatment, and lost wages that resulted from their injuries.
Because workers’ compensation insurance is an employer-provided, comprehensive program meant to offer workers’ a full-spectrum system of benefits, the state of Pennsylvania limits your ability to pursue compensation outside the workers’ compensation system. This is referred to as exclusive remedy, in the sense that workers’ compensation will be your only option to recover damages after your on-the-job accident.
You may find yourself asking, if workers’ compensation is meant to be so comprehensive, why would you even need to pursue remedy outside its limits? For many people, it is about principle. If your employer or co-worker’s negligence caused your accident, you may be feeling as though you are being cheated of justice. Many people feel as though their accident was so damaging that they deserve more than simply funds to “get by.”
Because of Pennsylvania’s exclusive remedy rules, it is very difficult to pursue a lawsuit for a workplace injury outside the scope of workers’ compensation. In rare circumstances, however, it can be done. These examples could include:
If you think that your case may open the possibility to pursue a third-party lawsuit outside the workers’ compensation system, it is important to meet with an attorney to discuss your options. Contact our firm today by phone or by filling out our online contact form, and help ensure that you receive the compensation that you deserve for your workplace injury.
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A compromise and release (C&R) agreement is a type of contract between an injured worker and a party—usually an insurance company—that is paying workers’ compensation benefits to the injured person. By signing the agreement, the injured party settles his workers’ compensation claim in exchange for a lump-sum check.
The insurance company is making a wager here. It is betting that the total amount it surrenders in the check will be less than the amount of money it would have paid the injured worker over the long haul for his medical care, rehabilitation expenses, and lost wages. The insurance company also gets to tidy up its accounting, because a settlement allows it to put a fixed value on the claim.
There are a number of reasons why injured workers prefer a large settlement rather than collecting Pennsylvania workers’ compensation benefits on a regular schedule. These include:
While a few states forbid compromise and release agreements for workers’ compensation cases, Pennsylvania permits them and gives insurance companies wide freedom in drafting these contracts. It’s important to understand the provisions of any C&R agreement you have been asked to accept. Unless you have had extensive legal training, you will find the agreement difficult to understand. You should be very cautious about signing any document you don’t understand.
Another consideration is the amount of the settlement offered. There is no guarantee that the amount of money offered will be sufficient for your future. We know of many cases where an individual could not foresee the cost of his future health expenses and accepted a settlement that was too low to meet his needs down the road.
In short, you need skilled and trustworthy legal advice before you settle your workers’ compensation case. Schmidt Kramer is proud of our team of workers’ compensation attorneys. They have been highly successful in meeting clients’ needs for financially secure futures, and we have testimonials from satisfied clients to prove it. You can call us at 717-888-8888 or (717) 888-8888 toll-free to schedule a free, no-obligation case review, and also order a FREE copy of our book, Who Pays The Bills When You Are Injured At Work?
Please don’t sign a compromise and release agreement without having the document reviewed by an experienced attorney. Even if you choose another law firm to represent you, it’s important that you consult someone about the implications of the agreement before you sign it.
While it would be nice if workers’ compensation claims were as simple as receiving benefits after you were hurt, it is rarely that simple. As with any insurance claim, there are important deadlines, rules, and exceptions that will determine if you will receive the benefits you are seeking.
There are several reasons why your claim may have been denied, but many denied claims share one of these common factors. This is not an exhaustive list, and an experienced Pennsylvania workers’ compensation attorney will be able to assess your case in detail in your consultation.
After a workplace injury, you were counting on your workers’ compensation benefits to help you pay your medical bills and get by financially until you are able to return to work. Unfortunately, your employer (or your employer’s workers’ compensation insurance carrier) had different plans. You may have been turned down because:
One of your most important rights as an injured worker in Pennsylvania is your right to appeal a workers’ compensation claim denial. If you have been denied benefits for any reason, the Pennsylvania workers’ compensation attorneys can help—schedule your free consultation with us today to discuss your case.
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The Pennsylvania Workers’ Compensation Act provides specific loss benefits for the amputation or loss of use of certain body parts as well as disfigurement of the neck, face or head. These injuries are listed in the statute along with the number of weeks in which a healing benefit and a specific loss benefit must be paid to an injured worker.
Healing benefits are paid first. The healing benefit stops when the worker returns to work at the pre-injury wage or the healing benefit runs out—whatever comes first. Once the healing benefit stops, the specific loss benefit begins.
Many times, injured workers are not completely healed by the time the healing benefit ends. For example, you might have suffered an additional injury in the same incident in which your ring finger was amputated. In this case, the insurance company must pay the workers’ compensation benefit for that injury before starting your specific loss benefit for the amputation of your ring finger.
If you did not suffer additional injuries, the healing benefit and specific loss benefit is the maximum benefit you can receive for your injury. This is true even if your injuries are so severe that you can never work again.
Suffering an amputation or other specific loss is difficult. In addition to suffering permanent physical disability, you may be suffering financially too. At Schmidt Kramer, our Harrisburg workers’ compensation attorneys regularly help injured workers obtain the compensation they are owed. We can help you too. If you have been injured at work, give us a call at (717) 888-8888.
We will review your case and help you to understand your legal options.
You may also wish to download a copy of our book Who Pays the Bills When You Are Injured at Work? for more information.
Unfortunately, Pennsylvania workers are injured on the job every day. Often, it is their backs that are left hurt. Whether they are bending over, completing repetitive motions, or sitting all day, their backs can suffer the consequences. Those who are injured often want to know which injuries are covered by workers’ compensation.
Often causing lower back and leg pain, herniated discs typically occur due to wear and tear or sudden injuries. Bending over repeatedly, or experiencing a blow to the back, could cause one of these discs to push against the vertebrae—causing severe pain.
Repeating the same motions every day can cause the ligaments in your back to experience stress and trauma, potentially leading to full or partial tears of the ligament. Moving the wrong way or picking up something that is heavy could also cause a ligament to become severed.
You work in a warehouse and a forklift accidentally drops a heavy load on you. You fall to the ground and the load causes the bones in your back to become misaligned. Not only does such an injury cause severe pain, but may even make moving extremely difficult.
Experiencing an on-the-job injury is common—but that doesn’t mean it should happen. If you are hurt, you’ll likely face a tough road to recovery ahead. Receiving workers’ compensation may help to cover your medical bills and lost wages due to your time away from work.
The attorneys of Schmidt Kramer are here to help. Contact us today to find out what we can do to help you receive the workers’ compensation that you are entitled to.
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