Attorneys Helping Pennsylvania Employees Seek Workers' Compensation in PA
Injuries are common occurrences in many workplaces, and they often cause significant physical distress and lead to financial hardships. Luckily, most Pennsylvania employees who are hurt at work can recover workers’ compensation benefits to help mitigate the losses that they sustained due to their harm.
If you suffered an injury in the workplace or contracted an illness due to job conditions, you may be owed benefits and should contact an attorney as soon as possible. The Scranton workers’ compensation lawyers at Lenahan & Dempsey, P.C. are adept at helping injured workers seek redress for their losses, and we will fight tirelessly to help you pursue the full amount of benefits recoverable.
What Injuries and Illnesses Does Workers' Compensation in Pennsylvania Cover?
Under the Pennsylvania Workers’ Compensation Act, with few exceptions, employers must provide benefits to employees injured at work. Notably, a person must be an employee to recover benefits. This means independent contractors and many volunteers are not entitled to workers’ compensation benefits in PA. In cases in which a person’s work status is disputed, the employer bears the burden of proving that the individual is not an employee.
According to the Act, the law considers all work-related injuries covered injuries. In other words, it must be caused by the employee’s job performance. It must happen during work activities.
What if the Injury Wasn't On Company Property?
The injuries sustained by a truck driver after an accident while delivering goods can be considered work-related. Injuries do not have to happen on the employer’s premises to be compensable. They are usually considered work-related if they arise from a person’s job duties. A workers’ compensation attorney in Scranton can advise you on whether your injury is likely covered.
Additionally, work-related injuries are not only sudden injuries. They also include:
- Repetitive use injuries from repeated motions
- Pre-existing conditions that get worse
- Occupational illnesses that occur from exposure to toxic substances. These include heavy metals and other environmental hazards.
Workers’ Compensation Claims in Pennsylvania
Notably, injured employees can recover benefits regardless of whether their employers acted negligently or were otherwise at fault. The Act is the exclusive remedy for injured employees, though, which means that they generally cannot file civil claims for damages against their employers for work-related injuries. They may be able to file claims against other parties that contributed to their harm, however.
Injured employees need to report their injury to their employer as soon as possible. Workers' compensation has a strict time limit. You may file a claim if:
- An employer or insurance company does not respond to a worker’s claim
- An employer or insurance company denies the claim
- An employer or insurance company disagrees with the benefit amount
A workers’ compensation judge can then resolve the issues. You can still file an appeal if the judge rules against you. Our Scranton workers’ compensation attorney can help you with the appeal.
What is Workers' Compensation Insurance?
Workers’ compensation insurance is insurance that provides financial and medical benefits to employees with work-related injuries or illnesses. Workers' compensation coverage is designed to protect both employees and employers by covering expenses such as:
- Medical bills
- Rehabilitation costs
- Lost wages due to workplace injuries or occupational diseases
For employees, it ensures they receive support and compensation without the need to sue their employer. For employers, it helps mitigate the financial risks associated with workplace accidents and provides legal protection by limiting liability.
In most countries and states, worker's compensation insurance is mandatory for businesses, and the specific requirements and coverage vary depending on local laws and regulations.
Workers' Compensation Coverage Benefits That You Can Receive
Generally, employers are required to provide injured employees with:
- Medical benefits, which include payments for expenses such as doctor’s visits
- Physical and occupational therapy
- Medication
- Surgery
- Hospitalization
- Adaptive devices
- Eligible employees may also be awarded disability benefits.
Partial disability benefits compensate employees who are unable to work at full capacity. Total disability benefits pay employees who cannot work at all. Permanent disability benefits pay employees who will never fully recover. If an employee dies due to a work-related injury or illness, the employee’s spouse or minor children may be awarded death benefits.
Discuss Your Options With a Workers’ Compensation Attorney
Employers have an obligation to provide workers’ compensation benefits to eligible employees, including payments for medical expenses and lost wages. If you were hurt or contracted an illness at work, you should speak to the workers’ compensation attorneys at Lenahan & Dempsey. We can help you pursue any benefits that you may be owed.
Based in the Scranton area, our workers’ compensation lawyers help people throughout Lackawanna, Luzerne, Wyoming, Susquehanna, Bradford, Wayne, Monroe, Northampton, Carbon, Schuylkill, Northumberland, Pike, Columbia, Montour, Lycoming, Centre, Clinton and Lehigh Counties. Our offices are conveniently located in Scranton, Berwick, Tunkhannock, and the Pocono Mountains region. You can reach us to schedule a confidential and free consultation at 888-536-2328 or via our online form.
*Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.
