Let’s begin with saying how sorry we are to hear about your injury.
As you may know, all businesses in Pennsylvania are required to provide workers’ compensation benefits to employees who are injured or contract an occupational illness in the course of their jobs. Workers’ compensation is a no-fault program, which means it doesn’t matter whether you, your boss, or a coworker was to blame for the accident that hurt you—you automatically qualify for coverage.
Even though you automatically qualify, that doesn’t mean you automatically receive workers’ compensation benefits in Pennsylvania. You must make sure you follow the rules, or the company may try to deny your claim. The two key rules you have to follow are:
The grand bargain behind Pennsylvania workers’ compensation law is this: because your benefits are guaranteed as long as you follow the rules, you must give up the right to sue your company for damages. You don’t get a choice here, just as your company doesn’t have a choice about buying workers’ compensation insurance.
Ideally, you don’t need a lawyer. The way things should work is that you notify your boss about your injury, your boss tells his insurance company, the insurance company contacts you to get some basic information, and then the checks begin to arrive a few days later. Workers’ compensation will pay all the medical expenses from your job-related injury and will give you a portion of your lost wages if you miss work for an extended period.
In real life, things rarely work out so easily. Your employer or his insurance company is likely to take steps to cut off your benefits as soon as possible—or to deny them altogether—in order to avoid the financial drain of your case. You might have to deal with any of the following objections to your claim:
Even though you cannot sue your boss for damages, you can take your company and its insurance carrier to court to demand the workers’ compensation benefits you are owed—and this is where the assistance of an experienced employment benefits attorney can be essential. In addition, if a third party was at least partly responsible for your injuries, it may be possible to seek civil damages or a settlement, and that case could get you additional money unavailable from workers’ compensation in Pennsylvania.
When you need the help of a workers’ compensation attorney, you can rely on the legal team at Schmidt Kramer. We are ready to provide vigorous representation on behalf of clients in Dauphin County, Lebanon County, Lancaster County, and all surrounding communities.
Our book on understanding Pennsylvania comp claims—Who Pays The Bills When You Are Injured At Work?—is available FREE to Pennsylvania residents by download or through the mail.
Call us today at 717-888-8888 or (717) 888-8888 toll-free to schedule a free, confidential case review and to learn how a Harrisburg workers’ compensation lawyer can help you achieve your true maximum recovery.
An Impairment Rating Evaluation is a medical examination after which an independent medical doctor will find a total body impairment associated with an injured worker’s disability. The insurance company can send an injured worker for an IRE after the injured worker has collected WC benefits for a period of two years. If the examining doctor determines that the injured worker is at maximum medical improvement, the impairment rating will then be used to determine if the injured worker can collect wage loss benefits indefinitely or if a cap will be placed on the collection of benefits. If the examining doctor finds that the injured worker suffers from less than 50 percent total body impairment, the insurance company will then likely petition a Workers’ Compensation Judge to modify the injured worker’s benefits. This modification does not deal with the amount of weekly or biweekly benefits, it simply puts a cap on future benefits. If the injured worker’s benefits are modified, the worker can collect WC wage loss benefits for a maximum of 500 weeks (or around 9.6 years) from the date of the finding of the impairment rating.
If the injured worker is not at Maximum Medical Improvement, and has a treating doctor who will state the same, he or she can fight the finding of the impairment rating doctor and possibly keep the Workers’ Compensation Judge from modifying future wage loss benefits.
If you have been scheduled for an IRE in Central Pennsylvania, it is important to know your rights and know what is at stake. Contact Schmidt Kramer for a free consultation.
Yes, the insurance company can and will conduct surveillance on you. This means they will videotape and photograph you conducting your activities of daily life. They will often sit outside of your home for a full day to watch if you are coming and going, shoveling snow, or doing yard work. An additional type of surveillance, which can be much cheaper, involves the insurance company viewing your online social media profiles. The insurance company will look for signs that you are not as injured as you claim and argue that you could be working.
Often times the “evidence” the insurance company gathers from placing an injured worker under surveillance isn’t very strong but it can be used to challenge your testimony on the issue of the severity of your injury, the injury’s impact on your daily life, or the need for ongoing restrictions.
If you are receiving workers’ compensation benefits, you should act as if you are under surveillance any time you leave your home. We don’t intend to make you feel paranoid, and in most cases you will be abiding by your restrictions anyway, but it is imperative that you follow your treating doctor’s restrictions at all times. This means that if you have a low back injury and are not supposed to be lifting anything over 20 pounds, you shouldn’t be carrying bags of mulch for a gardening project. You should also change the privacy settings on your social media sites. These sites allow you to be unsearchable and you can set it up so only “friends” can view your profile. Also, be wary of new connections or friend requests while you are on workers’ compensation; it may very well be an adjuster trying gain free information to weaken your case.
Generally, an injured worker is trying to get back to work, but even if you have nothing to hide and are focusing on your recovery, surveillance evidence can be taken out of context or misconstrued, leading to a problem for your case.
If you are on workers’ compensation and are worried about surveillance, you should contact the experienced team of Harrisburg workers compensation lawyers at Schmidt Kramer at (717) 888-8888.
A thorough medical evaluation should be your top priority. Make an appointment with your family doctor, allergist, or respiratory specialist today.
Because we aren’t doctors, we cannot presume to diagnose your condition (and certainly not on the basis of the brief description here). It is certainly possible, though, that exposure to some environmental factor in your new office has reactivated your childhood asthma. You will want to keep very detailed notes about when and where you have difficulty breathing and the severity of your episodes.
You might also want to compare notes with other workers in your office. A toxic workplace can have hidden respiratory dangers caused by volatile chemicals, particulate matter, molds, gases, or inadequate ventilation. These hazards to safe breathing are invisible and often undetectable without sophisticated scientific equipment. Only after they cause occupational disease will it become apparent that something is wrong.
Workers’ compensation in Pennsylvania provides medical and wage benefits for victims of occupational illness, as well as for people who suffer on-the-job injuries. Now, workers’ compensation insurers often try to fight claims by saying the illness really isn’t work-related or that it started before you were employed. In this particular case, for instance, you should expect some opposition to your claim based on your childhood history of asthma.
When a toxic workplace causes a prior illness to return or intensify, though, this is a legitimate reason to file a claim. If your office had a safe and healthy working environment, you wouldn’t be having these medical problems.
Schmidt Kramer’s workers’ compensation lawyers often handle claims in which a client’s prior illness has returned because of workplace conditions. To schedule a free consultation about your case, call us today at (717) 888-8888 toll-free. During the call, you can also request a FREE copy of our introductory brochure, Who Pays the Bills When You Are Injured at Work?
First of all, congratulations on beginning such an exciting journey. Being self-employed is a liberating and rewarding experience, and it takes a lot of work and courage to branch out on your own. That being said, the same journey is one that can be full of challenges and obstacles, and you will be an expert in many fields by the time your business gets its feet on the ground!
Workers’ compensation insurance is required for employers in Pennsylvania as a means of protecting both employers and employees in the event of a workplace injury or accident. Employees are taken care of medically and financially as they heal, and employers enjoy protection from lawsuits brought by injured employees. Since you are technically your own employer now, wouldn’t it stand to reason that you need to carry workers’ compensation insurance?
Not necessarily, says Pennsylvania. If you have begun your own company and have employees, you will need to carry workers’ compensation insurance to protect your workers and your business from risk. It sounds as though you are on your own as a sole proprietor, however, so the answer becomes a solid “sort of, but not really” when you are self-employed with no employees of your own.
When you are hired to complete a job, the person hiring you will likely have great interest in your insurance situation. As a sole proprietor in Pennsylvania, you are not required to carry workers’ compensation insurance. Be aware, however, that if you are hired by another contractor or employer (as is common in the construction business), that contractor may be required to show their own insurer proof of your coverage, so be sure you carry some form of insurance to protect yourself.
The laws of self-employment and sole-proprietorship can be quite complex, and if you have been injured on the job, it may not be simple to navigate the process of getting the coverage you need. To learn more about your requirements and rights as an injured sole proprietor in Pennsylvania, reach out to us today via live chat or by filling out our online contact form.
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When you’ve been hurt in an accident at work, you deserve to be compensated. Your employer should notify you immediately of your eligibility under workers’ compensation. This compensation is not meant to cover your total expenses, but can help you recoup some of the damages, such as:
In general, workers’ compensation should cover most of your medical expenses, including doctor visits, surgery and prescription medications. However, if your employer has a list of recommended doctors, you must see one of those doctors in order for your medical bills to be covered. You are eligible for medical benefits through Pennsylvania workers’ compensation whether or not your injury requires you to take a leave of absence from work.
If your injury leaves you unable to work, you will likely be eligible to receive compensation for a portion of the wages you were making before your on-the-job accident. In Pennsylvania, workers’ compensation typically covers two-thirds of your average weekly income. Factors that may affect that amount include any of the following circumstances:
You may be eligible for additional compensation if you have suffered a specific loss—such as an amputation—or lost a loved one in a work-related accident. Workers’ compensation is a complex system that can be difficult to navigate. If you’ve been hurt on the job, you should consult with an attorney experienced in Pennsylvania workers’ compensation claims to make sure you get everything to which you are entitled. We encourage you to contact us directly to set up your free consultation.
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Of all the jobs you’ve held in your life, you’ve never been hurt while performing them, until today. Not only are you in pain, but you’re frustrated and stressed thinking about the situation in which you were injured. How could your boss allow this to happen?
The more you thought about it, the more angered you became. Not only will you lose money because you can’t work, but now you also have medical bills to worry about. Can you sue your boss to recover the amount you’ve spent on doctors bills and lost wages? Here, an attorney discusses the situation.
Sure, you’re angry and upset and you want someone to pay for what happened to you. However, you’ll need to decide if a lawsuit is the best choice. Here are two helpful questions to ask yourself:
If you have more questions regarding your workers’ compensation case, the attorneys of Schmidt Kramer are here to help. Contact us today to speak with an experienced Lancaster workers compensation attorney about your situation.
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According to the Bureau of Labor Statistics, nearly 3 million non-fatal workplace injuries and illnesses were reported by private industry employers in 2011. Of those incidents, certain injuries were definitely much more common than others. The likelihood of you being exposed to the hazards that cause these injuries will depend on your job and the industry you work in, but overall, there was one category of injury that popped up the most often: sprains, strains, and tears.
Sprains, strains, and tears accounted for 38 percent of total injury and illness cases requiring days away from work. What caused these injuries?
The BLS also broke down the parts of the body that were most commonly injured in these types of incidents:
Sprains, strains, and tears are probably the most common because they can truly happen anywhere, to anyone, and in any industry. The fact that overexertion in lifting or lowering is the main cause, and that the back is most affected, shows that perhaps in a rush to get things done, people are not lifting properly. It’s important to remember that whether you’re loading cargo onto a truck, or unpacking boxes of printer paper at the office, you need to lift from your lower body, not your back.
If you have been injured in a workplace accident, you need a good workers’ compensation lawyer. The Harrisburg lawyers at the Law Firm of Schmidt Kramer have helped hundreds of Pennsylvania workers and can help you get the compensation you deserve.
Call today at (717) 888-8888 for a free consultation. You are also invited to request a free copy of our book, Who Pays the Bills When You Are Injured at Work?
If you’re suffering from Post Traumatic Stress Disorder arising out of a work injury, at some point the insurance company will likely be setting you up with an Independent Psychiatric Examination. While you will be required to attend one of these, either when you are first scheduled for one or after a Workers’ Compensation Judge orders you to attend, it’s important to know what you’re facing.
First, it’s important to understand that this doctor might not be as “independent” as the insurance company would lead you to believe. The IPE doctor is being paid by the insurance company and the insurance company is sending you to this appointment to get an opinion to cut off your benefits.
Second, it’s important that you don’t try to “win the doctor over” or exaggerate your symptoms to garner sympathy from the doctor. If the insurance company has accepted your psychological work injury, you don’t need to embellish anything. Insurance companies are hesitant to accept these types of claims but once they fully accept them, they cannot simply decide to stop paying.
Third, it’s important that you talk to an attorney who is experienced in handling these types of claims. Whether you’re dealing with PTSD, anxiety, or depression arising out of a work injury, you’ll need a strong advocate by your side to make your claim run as smoothly as possible.
The experienced team at Schmidt Kramer handles all types of injuries and have helped many injured people dealing with psychological injuries. Reach out today for a free consultation with our attorneys and to make sure you know your rights before it’s too late.