If you already know that you have been hurt at work, you should talk to a workers’ compensation lawyer now about filing a claim. There are strict deadlines in place for filing workers’ compensation claims. Typically, you need to report your injury to your employer within 120 days of getting hurt, and you have three years to file a claim against your employer if you need to do so to get a fair recovery.
Instead, you should contact an attorney as soon as possible. Even though you have some time before you have to file a claim:
You don’t have to do this alone. You don’t have to wonder whether you are doing the right thing or whether you are potentially jeopardizing your right to workers’ compensation benefits.
Please call us at (717) 888-8888 or start a live chat with us now for more information about your specific claim.
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The first thing to do (as soon as you’re done reading this) is get immediate medical attention. Health care professionals have an ethical obligation to treat you for your injuries even if you’re not able to pay right away. They will provide medical care even if you’re not a citizen. Go to your regular physician if you have one, or an urgent care facility or hospital emergency room, and explain what happened. If you do not speak English well, bring along a friend or relative to help with communication.
Second: talk to the human resources department at your workplace—or talk to your boss, if the business doesn’t have a formal human resources person—and fill out the paperwork to report your accident and start a claim for workers’ compensation benefits. You can do this even if the boss warns you that the claim will be denied. Bosses lie to employees all the time about their legal rights.
Maybe your employer will try to fight your claim later—but you can’t possibly collect on a claim if you never file one.
In Pennsylvania, the workers’ compensation program provides money to pay for medical care and some replacement wages for workers who have been injured on the job. Your exposure to a dangerous chemical sounds like exactly the kind of accident that the workers’ compensation program was set up to handle.
We don’t know why your boss is so determined that you don’t file a claim—perhaps you weren’t given proper safety handling instructions, or you weren’t issued the right gear to protect you, and the company doesn’t want the accident report to be noted by safety officials. Your boss’s attempt to scare you away from filing a claim is clumsy.
Some workers may be excluded from workers’ compensation coverage in Pennsylvania, either based on the nature of the job they perform or by their personal characteristics. Groups that are commonly excluded include:
Citizenship is not a requirement for workers’ compensation in Pennsylvania. You can collect benefits if you are a citizen, a permanent legal resident, or a foreign-born resident without proper documentation. A 2002 Pennsylvania legal case, Reinforced Earth Company v. Workers’ Compensation Appeal Board, established that workers’ compensation public policy benefits were broad enough that undocumented workers should be included.
You should not hesitate to file a claim for your workplace injuries merely because you are not a citizen. If you were working for an employer that is legally obligated to provide workers’ compensation coverage, and if you were injured in the course of your normal work duties, you should be eligible for benefits.
The United States is proud of its tradition of granting important legal rights to people who are not yet citizens. This is especially important in the area of employment, because non-citizens often work in some of the riskiest jobs in the nation. It’s important that their bosses understand that all workers regardless of citizenship need the same protections against workplace injuries.
Schmidt Kramer provides legal representation for injured workers in central Pennsylvania and across the state who have been hurt on the job. Our determined Harrisburg personal injury attorneys are tireless in their determination to get fair benefits for their clients. If you want a confidential and FREE case review with a lawyer in our offices, call (717) 888-8888 toll-free to make an appointment. We would also be pleased to send you a free copy of our client report, Who Pays the Bills When You Are Injured at Work?
People have many questions about how to comply with the Pennsylvania workers’ compensation laws. The Pennsylvania Department of Labor and Industry can help answer these questions by your going to its website. However, below are some of the more common and frequent questions people have with regards to just complying with Pennsylvania’s workers’ compensation act.
Q. Is a subcontractor required to carry workers’ compensation insurance if he/she is a sole proprietor?
A. Sole proprietors with no employees are not required to carry workers’ compensation insurance. However, detailed information must be provided to your insurer to prove that the individual is a true independent contractor. If your insurer determines that the sole proprietor is your employee, you will be charged for his/her payroll as per the appropriate classes on your policy. It is your responsibility to provide your insurer with all appropriate documentation to resolve their employment status.
Q. As owner of a trucking operation, must I show proof of workers’ compensation insurance if I use owner/operator drivers?
A. If an insured utilizes owner/operators and is part of a trucking operation, proof of workers’ compensation insurance coverage may be required. For those drivers deemed to be employees, your insurer will need proof of workers’ compensation insurance coverage. Otherwise, that part of the total remuneration that is wages will be included in the premium calculation. If payroll cannot be obtained, then 1/3 of the contract price will be considered payroll for premium calculation purposes.
Q. Do members of limited liability companies (LLC) have an obligation to ensure workers’ compensation liability on their members?
A. Section 301(a) of the Workers’ Compensation Act (Act), 77 P.S. Section 431, only requires employers to maintain workers’ compensation coverage of their employees. Section 104 of the Act, 77 P.S. Section 22, states that the “employee” as used in the Act is synonymous with servant and includes “[a]ll natural persons who perform services for another for a valuable consideration, exclusive of persons whose employment is casual in character and not in the regular course of the business of the employer…” To the extent that LLCs have no employees, i.e., its only workers are partners, it has no employees and, thus, no workers’ compensation liability. However, should a partner withdraw from the partnership and become an employee or the business adds a part-time or a full-time employee, it would then be required to insure its workers’ compensation liability.
Q. Do family members and minors have to be covered by workers’ compensation insurance?
A. Pennsylvania state law does require you to cover any employee, regardless of the number of hours worked per week or whether the person is your spouse or child. The Pennsylvania Workers’ Compensation Act can be viewed in its entirety on our website at www.dli.state.pa.us or can be obtained in hard copy from the State Bookstore of Pennsylvania, Commonwealth Keystone Building, Plaza Level, 400 North Street, Harrisburg, PA 17120, telephone number (717) 787-5109. You may want to look specifically at Sections 103, 104, 301 and 305(a).
You put lots of strain on your shoulders everyday at the job you’ve held for several years. Over time, it has become quite painful and has limited the amount of activity in which you can engage. The doctor gave you a diagnosis, but now you’re wondering if the issue is fixable. Here, a workers’ compensation attorney discusses some of the different treatments used to resolve shoulder injuries.
Most shoulder injuries are often initially treated with the RICE method, which stands for rest, ice, compression, and elevation. Rest your shoulder and avoid using it for at least 48 hours. Apply an ice pack for a few minutes, several times a day, and apply even pressure to the shoulder with a bandage or brace. Lastly, keep the shoulder elevated.
Some shoulder injuries are able to be resolved with the help of physical therapy. Certain exercises and treatments may help to mend the area and encourage it to heal. Physical therapy is also often prescribed after surgeries to help strengthen the muscles around the shoulder.
Some injuries require surgery in order to completely heal. For instance, rotator cuff injuries and torn labrums typically need the assistance of a surgeon before they can begin to get better. If not, the injury may worsen, never heal properly, and cause pain and additional problems down the road.
If you hurt your shoulder on the job, you’ll likely receive costly medical bills associated with diagnosing and treating the problem. If you don’t think you should be held responsible for them—you’re right.
The attorneys of Schmidt Kramer want to help you get the compensation that you may be entitled to. Contact us today to speak with an attorney about your situation.
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Nearly every worker is covered by the Pennsylvania Workers’ Compensation Act. Employers must provide workers’ compensation (WC) coverage for all of their employees, including seasonal and part-time workers. Nonprofit corporations, unincorporated businesses and even employers with only one employee must comply with the Act’s requirements.
Some employees are covered by other compensation laws, including: federal civilian employees, railroad workers, longshoremen, shipyard and harbor workers. Others who may not be covered include volunteer workers, agricultural laborers, casual employees, domestics and employees who have been granted a personal religious exemption from the Act. Certain types of executive officers of corporations may elect exemption from the Act. A worker should seek further information if there is any doubt as to coverage.
If you learn that your employer does not have insurance or is not self-insured for workers’ compensation, you may be eligible for benefits from the Uninsured Employer Guaranty Fund.
If you have been injured in a Pennsylvania accident while on the job or a loved one has been injured or killed in a Harrisburg work accident contact Schmidt Kramer Workers’ Compensation Lawyers at (717) 888-8888 and we will answer any questions you have about the Central PA works comp claim and the legal rights you may have due to the personal injury and losses involving any Pennsylvania workers’ compensation claim, especially if you may need a lawyer for the Central Pennsylvania car accident.
Also, download our booklet on Who Pays Your Medical Bills When You Are Injured at Work?
You go to work every day expecting to make money to support yourself and your family. You never expected to lose a limb as a result of an on-the-job injury. Unfortunately, that is very much what happened and now you are left figuring out how you are going to adjust to this new obstacle in your life.
Those who experience such accidents wind up facing even more challenges when they realize just how much the injury costs them. Here, a workers’ compensation lawyer in Harrisburg discusses the astronomical costs of dealing with an occupational limb accident:
According to a study published in The Journal of Bone & Joint Surgery, the projected lifetime healthcare costs for a person who experiences limb loss because of an accident is an estimated $510,000. When you take inflation into consideration, the figure will likely reach $600,000. This dollar amount covers doctor visits, hospitalization, inpatient rehabilitation, prosthesis, and physical and occupational therapy. However, some victims pay much more, depending on their situations.
Along with the fees paid out of pocket, accident victims can also expect to lose money if they aren’t able to return to their jobs. Every year they can potentially lose thousands of dollars because of the limb loss.
You are dealing with enough right now—you shouldn’t have to worry about how you are going to provide for your family. The attorneys of Schmidt Kramer want to help you receive the workers’ compensation you are entitled to that can help to make ends meet and relieve some of the burden you may be feeling right now. Contact us today to speak with an attorney about your situation.
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The general rule is that workers’ compensation is the exclusive remedy for people hurt on the job in Pennsylvania. At our Harrisburg law offices, we regularly tell injured workers that they cannot sue their employers. Like most general rules, though, this one has exceptions. For instance:
The Pennsylvania Supreme Court recently added another exception to the rules. However, this new loophole is a very narrow one that will probably apply only to a tiny number of cases.
Late in 2013, the Pennsylvania Supreme Court ruled on two similar cases, Landis v. A.W. Chesterton and Tooey v. A.K. Steel Corp. Both cases dealt with workers’ compensation coverage for occupational diseases that had developed over a long time—specifically, mesothelioma, a lung disease associated with asbestos exposure.
Under Pennsylvania law, a person who has been exposed to hazardous materials in the workplace has 300 weeks—about six years—after the last exposure to file a workers’ compensation claim for any resulting illness. Mesothelioma is a slowly developing cancer, however, and Landis and Tooey, the plaintiffs in these cases, only showed symptoms of the illness long after the 300-week time period had passed. When they tried to claim workers’ compensation benefits, their employers said no because the time limit had expired. The employers also asserted that they couldn’t be sued in court because the workers’ compensation law gave them immunity to lawsuits.
The Pennsylvania Supreme Court disagreed. Its decision told the plaintiffs that they could not claim workers’ compensation benefits because the time limit for filing the claim was outside the boundaries of the law. However, the Court decided that if the workers’ compensation law couldn’t give relief to the employees, then it couldn’t shelter the employers either. The plaintiffs will be allowed to sue their employers for damages due to negligent exposure to asbestos in the workplace.
On the face of it, it seems unlikely that this new change in the law can help your repetitive motion injury at work. Maybe if your injury was caused by a defective industrial machine or power tool, you would have a viable third-party negligence claim. But the brief description you have provided makes it very unlikely that the recent Pennsylvania Supreme Court decision will change the rules that apply in your case.
We’re sympathetic that it will not be comfortable for you to file a workers’ compensation claim, but that may be the exclusive remedy available to you.
Here’s what you must do going forward. Notify your human resources department (or whoever handles workers’ compensation claims) about your pain from the workplace injury. As soon as possible after that, get a thorough medical examination from one of the doctors approved by your company to handle workers’ compensation cases. Then contact a reputable Lancaster workers’ compensation attorney to let you know precisely what laws will apply to your situation. This is always a good idea when you have a potential claim, but it’s a vital step when you believe your boss may be inclined to retaliate against you.
At Schmidt Kramer, our attorneys have a sterling record of success when helping clients from Harrisburg and other central Pennsylvania communities. We offer free, confidential case evaluations when you call us at (717) 888-8888. We’re also willing to share a FREE copy of our introductory report, Who Pays the Bills When You Are Injured at Work?
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Yes, certain family members could be entitled to receive Pennsylvania workers’ compensation death benefits.
If the deceased would have been eligible for workers’ compensation benefits, there are a few people who may be able to receive those benefits instead. They are ranked in the following order:
If there are absolutely no dependents, the reasonable expense of burial, not exceeding three thousand dollars, will be paid by the employer or insurer directly to the undertaker.
Determining eligible parties and the amount of compensation can be quite overwhelming, so it can be extremely helpful to seek the assistance of an experienced workers’ compensation attorney. Harrisburg law firm Schmidt Kramer will make sure you receive the compensation that you deserve following the death of your loved one—call today for a free consultation at (717) 888-8888.
As workers’ compensation attorneys, we talk a lot about injured workers and the benefits that these men and women have the right to receive. These benefits help them bridge the financial gap while they are unable to work by covering a portion of their lost wages, and will also cover the medical bills associated with their workplace injury.
Unfortunately, some workers do not survive their workplace injury, and may leave dependents like spouses and children behind. In this scenario, the Pennsylvania workers’ compensation system may provide dependents or members of the deceased’s household with certain benefits, including:
These benefits may be paid out to the spouse for a set number of weeks, until the spouse passes, or until the spouse remarries. Child beneficiaries typically receive benefits until they reach the age of 18. Amounts may be adjusted for dependents that are partially financially independent.
While spouses and children are typically assumed to be dependents, they may occasionally need to provide proof of financial dependence. This is generally very easy to prove using proof of payment for bills.
Losing a loved one in a workplace accident is both emotionally and financially devastating to family members. Surviving dependents are often faced with leftover medical bills and a greatly impacted household income.
If you have lost your spouse in a workplace accident, you have a right to receive workers’ compensation death benefits, and the attorneys at Schmidt Kramer can help you secure these benefits. Contact us today for a free consultation to learn more about your case, and to receive the financial peace of mind that you deserve.
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The holidays are a busy time for nearly every industry. More people are traveling to visit family, and more people open their wallets and hit the stores. Retailers, airlines, and hospitality business are all in the habit of hiring seasonal workers to help bridge the gap between standard staffing and the increased need from Thanksgiving through New Year’s Day.
If you, or someone you know, work in the medical field, you may also know that the holiday season brings far more injuries than any other time of year. The roads are icy, floors are wet, and people are overextending themselves, leading to crowded emergency rooms and doctor’s offices.
As a seasonal airport employee, you are probably dealing with a dangerous trifecta of extra-heavy luggage, wet floors, and the winter elements, so it is no wonder you were hurt on the job! Fortunately, your seasonal status does not affect the fact that you are a regular employee as far as pay goes. You receive an hourly wage, have taxes deducted from your paycheck, and filled out a Form W-4 when you began work.
The other important issue that you mentioned was that you were injured while at work. Workers’ compensation is only designed to assist those hurt while performing the duties of your job. If you ran across the street to grab a coffee on your break and slipped on the sidewalk outside, you may be out of luck. If you slipped on the ramp while loading a bag onto the airplane, however, you were hurt while performing your job.
Your first step will be to report your injury to your employer. Hopefully, they are cooperative and the process goes smoothly. If you sense that a conflict is brewing, however, it is best to speak with a licensed workers compensation attorney in Harrisburg quickly to ensure that you do not miss out on important benefits—contact our office today to have your important questions answered. Our local offices can be reached by phone, or by clicking on the live chat feature on this page.
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