Lancaster Workers' Compensation Lawyers

Work-related injuries can often be a life-changing experience. In some instances, the injury may disable a worker and leave them unable to work for an extended period of time. As injured workers can be the primary income source for other family members and dependents, they may also be effected by financial impact of a work injury.

Dennis made this “workman’s comp case” as stress-free as possible.
_{– Client of Schmidt Kramer}

At Schmidt Kramer, our workers’ compensation lawyers have experience successfully handling injured worker lawsuits including a $742,000 award for the family of a trash worker that was fatally injured in a car accident and a $150,000 settlement for a worker that was injured at work while attempting to load a swingset onto a low bed truck.

Attorney Dennis Kergick is a Frackville, PA native that has helped numerous Pennsylvania workers recover compensation and many of the attorneys at Schmidt Kramer have been recipients of The Best Lawyers in America© and Pennsylvania Super Lawyers awards for the past several years.

It’s free to talk to a lawyer at our firm to find out if you have a workers compensation case and there are no upfront fees if you decide to hire us.

Schmidt Kramer. Free Consultation. Ph: (717) 888-8888.

Why Should I Hire a Lancaster Attorney?

Injured workers that have a lawyer on their side recover more compensation compared to those that do not have legal representation.

Injured workers that hire a lawyer recover more compensation compared to those that do not have legal representation.

After a workplace injury, hiring a lawyer can be an important decision. Some work injuries last a lifetime and having a legal team on your side that understands how such an injury can effect the victim long term, can have a significant impact on the amount of compensation that may be available.

At Schmidt Kramer, our workers comp lawyers have a comprehensive knowledge of Pennsylvania’s workers compensation laws and we have many years of experience building strong cases against employers, insurance agencies and the defense law firms that represent them during litigation.

Our lawyers have your best interests at heart. We carefully review all of the details involved in each case we handle, research and obtain information that may be useful for each specific incident and fight for the rights of our clients.

Have Questions? We Have Answers. Ph: (717) 888-8888.

Workers’ Compensation Benefits

Workers’ compensation benefits help to provide injured employees with the economic stability they need to recover from a workplace injury.

The Pennsylvania Workers’ Compensation Act lists several benefits available to injured workers, including:

Medical Treatments

Employees are entitled to receive compensation for any reasonable or necessary medical treatment once their workers’ compensation claim is approved. Benefits include doctor visits, surgery, medications, medical equipment, lab tests, or any other related health care expense. Injured workers are not required to pay a fee or co-pay for medical care related to a workplace injury.

Portion of Lost Wages

Employees can be compensated for a portion of their lost wages. However, you must be disabled for more than seven days to receive lost wages. These will cover lost wages from the eighth day forward. If you are disabled for 14 or more days in a row, you can receive compensation for the first seven days you were disabled.

However before receiving any compensation, you must provide medical proof from a doctor confirming any injuries, whether he or she can return to work, or any restrictions preventing him or her from doing your type of work.

You should begin receiving lost wage payments within 21 days from when you started missing work because of your injuries.

Disability Payments

There are two main types of disability benefits: total disability and partial disability.

Total disability benefits are paid to workers who are completely disabled and unable to work. For example, if you are suffering from a permanent work-related injury making you unable to return to work at all, there is no time limit on the duration of compensation. You may be able to obtain compensation equal to two-thirds of your average weekly wage.

On the other hand, partial disability benefits are paid to workers who are able to return to work but are now earning less after their injury. For example, if you are suffering from a partial disability and unable to work at full capacity, you may be able to obtain benefits for up to 500 weeks. You may be able to obtain compensation equal to two-thirds of the difference between your earnings pre-injury and earnings post-injury.

What to Do If You Get Injured at Work

Most full-time and part-time employers in the state of Pennsylvania are required to carry workers’ compensation insurance for workplace injuries. The insurance covers employees from the first day on the job until their last day of employment. Coverage typically includes medical expenses, a portion of your lost wages and compensation for any permanent impairment.

According to this guide to the Pennsylvania Workers’ Compensation Act, a work injury is any type of injury, medical condition or occupational disease caused by an employee’s job (Section 301(c)(1)). Other qualifying injuries include pre-existing health conditions that are aggravated by a person’s occupation.

If you are injured at work, you should immediately inform your supervisor or boss, even if you think it is minor enough that you do not require medical care. Pennsylvania law requires that you tell your employer about a job-related injury within 21 days of it happening. However, failing to report an injury within 120 days means you will lose your right to collect on any benefits.

Under workers’ compensation law, an employer and its insurance company have 21 days after receiving notice of the injury to accept that an injury was caused by a work-related incident and offer compensation or deny the claim entirely and not issue compensation. The insurance company can also extend the deadline up to 90 days. However, it must pay you temporary disability benefits in the meantime.

Filing a Claim Petition

If your claim is denied by the insurance company, you can appeal the decision by filing a claim petition with the Workers’ Compensation Office of Adjudication. You can file the petition online using the workers’ compensation automation integration system.

For the majority of work-related injuries, including occupational diseases, you must file a petition within three years of your accident or injury, otherwise you lose the right to do so. If you were receiving benefits, you must file a claim petition within three years of the last payment you received from the insurance company.

After filing a claim petition, it is generally assigned to a workers’ compensation judge based on the county you live in. A Notice of Assignment is then issued, informing all parties of the judge assigned on the case. A workers’ compensation hearing is scheduled next, notifying all parties as to the exact date, time and location of the hearing.

Once at the hearing, a workers’ compensation judge listens and obtains evidence from all parties involved in the case. The number of hearings held can be extended depending on the amount of medical evidence and eyewitnesses involved.

After all the evidence has been submitted, a decision is rendered by the workers’ compensation judge. This decision is written out and given to all parties after the case is closed. No further action can be taken unless either party decides to file an appeal. The deadline to file an appeal with the Workers’ Compensation Appeal Board is 20 days from the date the judge’s decision is issued out to all parties involved.

If the decision made by the Workers’ Compensation Appeal Board is also unsatisfactory, either party may file an appeal with the Commonwealth Court. The deadline to file is 30 days from the date of publication of the Workers’ Compensation Appeal Board’s decision.

The last attempt to appeal a case is directly with the Supreme Court. The deadline to file for either party is 30 days from the date of publication of the Commonwealth Court’s decision.

It is in your best interest to consult with a Lancaster workers’ compensation lawyer who understands the claims process and can help evaluate your case. The attorneys at Schmidt Kramer have detailed knowledge of these laws and how to apply them to the specifics of your case. We can manage every step of the appeals process as we fight for the compensation you deserve.

Complete a Free Case Evaluation form right now.

Types of Workplace Accidents

Some of the most common types of workplace accidents that result in workers’ compensation claims include:

Slip and falls – These accidents are caused by wet, slippery floors or losing your balance on a ladder, roof, floor, or flight of stairs. Some falls are also caused by being hit by machinery or falling debris.
Machinery accidents – This includes being struck, caught, pushed against, or compressed by machinery.
Assault or workplace violence – For example, sometimes workers are hit or attacked by a fellow co-worker.
Vehicle crashes – This includes accidents when someone was driving a vehicle at work. Some involve car accidents using a company vehicle to and from work if you are paid to travel. There are also accidents involving workers getting hit by vehicles, such as dump trucks or construction vehicles.

Contact a workers’ compensation lawyer in Lancaster today by calling (717) 888-8888.

Common Work-Related Injuries

An injury can be caused by a specific workplace accident such as a fall, overexertion, or the repeated stresses of the job itself.

Accidental Injuries

These are injuries that happen unexpectedly or unintentionally while at work. These can include:

Broken bones or torn ligaments
Head and neck injuries
Back or spinal cord injuries

Loss of hearing
Burn injuries

Occupational Diseases

These are injuries caused by certain factors in the workplace that directly lead to a chronic illness or disease over a period of time. This can include:

Toxic or chemical exposure
Contact with asbestos
Radiation poisoning

Respiratory problems
Bacterial or fungal exposure

There are also injuries caused by overexertion, which refers to repetitive activities that put a strain on the body. These repetitive activities could include lifting, pulling, pushing, holding, turning, carrying or throwing things.

If you or someone you know has been injured at work, you need someone on your side who understands your rights and legal options to obtain adequate compensation.

Our Lancaster workers’ compensation attorneys will conduct a detailed investigation to determine all the damages you suffered as a result of a workplace injury. We understand how valuable compensation can be as you attempt to move forward with your life.

Contact a Lancaster Workers’ Compensation Lawyer

If you have suffered a workplace injury, it is in your best interest to seek legal representation. Most employers and their insurance companies only have their best interest in mind, leaving you struggling financially and emotionally after a workplace injury. An experienced workers’ compensation attorney in Lancaster can manage every step of the process, allowing you to worry less and focus more on your recovery.

At the law offices of Schmidt Kramer, our team of Lancaster workers’ compensation attorneys has detailed knowledge of Pennsylvania workers’ compensation laws to help you with your claim and fight for the compensation you rightfully deserve.

Schedule a free, no obligation consultation today and learn about your legal options. We do not charge any fees or costs unless we are successful in recovering compensation for you.

Call (717) 888-8888 or complete a Free Case Evaluation form.

Free Case Review

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Testimonials

Greg W
Badreddine Saadoune
Michael Kosik was great, I couldn't have asked for a better lawyer. He worked to make sure my medical bills were adjusted appropriately to state law (since I was a victim) and worked hard to make sure I got an appropriate settlement. He is a very kind and understanding person who took the time to explain everything to me in great detail.
Darryl
Jessica Mitchell is lovely, she took care everything in a wonderful way. Definitely I would recommend her.
Mogart Febres
Abbie Trone!! I love her!! She’s amazing! She made everything easy. She was very nice to me! She took very care of my case & If need be i will use her again!!
Desiree Cannon

Recent Results

$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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Lancaster Workers Compensation Lawyer