Workplace injuries are more common than most people think, and they can lead to significant physical, emotional, and financial stress. If you’ve been injured at work, it’s essential to know your rights, especially when seeking compensation. Whether you’ve slipped, fallen, or suffered another kind of injury on the job, knowing how to navigate the worker’s compensation system is crucial.
This blog explains your rights after a workplace injury, the role of a workplace accident lawyer, and how to get the compensation you deserve.
Your Right to Worker’s Compensation in Pennsylvania
One of the primary protections for injured workers is the right to worker’s compensation. In Pennsylvania, worker’s compensation is a no-fault system, meaning you’re eligible for benefits regardless of who caused the injury. Whether it’s your fault, a coworker’s, or even your employer’s, you still have the right to receive medical treatment and financial support.
What Worker’s Compensation Covers
Worker’s compensation benefits typically cover:
- Medical bills related to the injury, including hospital stays, surgeries, and any rehabilitation.
- Wage loss benefits if you are unable to work due to your injury.
- Disability benefits for both temporary and permanent disabilities.
- Specific loss benefits, which cover the permanent loss of a body part, such as a limb or an eye.
If your injury prevents you from returning to your previous job or any job, you may also be entitled to long-term disability benefits.
How to File for Workers’ Compensation in Philadelphia
If you’ve been injured on the job, you need to take the following steps to file a worker’s compensation claim:
- Report the Injury Immediately: Notify your employer about your injury as soon as possible. In Pennsylvania, you must report the injury within 21 days but the sooner, the better. Failure to notify your employer within 120 days of your injury could jeopardize your claim.
- Seek Medical Treatment: Your employer may require you to see a specific doctor or use an approved medical provider for the first 90 days of treatment. Ensure you follow these guidelines to avoid complications with your claim.
- File a Worker’s Compensation Claim: Your employer should file the worker’s compensation claim with their insurance provider. If they fail to do so or dispute your claim, you may need to seek legal assistance from a workplace accident lawyer.
Denied Claims and Legal Rights in Pennsylvania
Sometimes, employers or their insurance companies deny worker’s compensation claims. Denials can happen for various reasons, including disputes over whether the injury occurred at work or claims that your injury is not severe enough to warrant compensation.
If your claim is denied, you have the right to appeal the decision. This process can be complex, and having an experienced workplace injury lawyer on your side can make all the difference. A lawyer can gather evidence, represent you during hearings, and negotiate with insurance companies on your behalf.
When to File a Personal Injury Lawsuit After a Workplace Injury
In most cases, workers’ compensation is the exclusive remedy for employees injured on the job. However, there are certain situations where filing a personal injury lawsuit might be necessary. If your injury was caused by a third party (someone other than your employer or coworker), such as a negligent contractor or faulty equipment manufacturer, you may be eligible to file a personal injury claim in addition to receiving workers’ compensation benefits.
This could allow you to seek compensation for pain and suffering, which workers' comp does not cover.
Types of Workplace Injuries
Not all injuries are immediately apparent. Some develop over time due to repetitive stress or exposure to harmful conditions. Here are some common types of workplace injuries that may qualify for compensation:
- Slip and Fall Accidents: Wet floors, uneven surfaces, and cluttered walkways can cause employees to slip, fall, and suffer serious injuries.
- Repetitive Stress Injuries: Jobs that require repetitive motion, such as typing or lifting, can lead to injuries like carpal tunnel syndrome or tendonitis.
- Exposure to Hazardous Materials: Some workers are exposed to toxic chemicals, asbestos, or other harmful substances that cause long-term health issues.
- Vehicle Accidents: Employees who drive for work can be injured in car accidents, even if they were not at fault.
Employer Responsibilities
Employers are responsible for providing a safe work environment and ensuring their employees have access to worker’s compensation benefits. This means they must:
- Ensure safe working conditions and provide safety training.
- Maintain worker’s compensation insurance.
- Assist with the claims process by reporting injuries and cooperating with investigations.
If your employer tries to discourage you from filing a worker’s compensation claim or retaliates against you for doing so, you have legal rights. A workplace accident lawyer can help protect you from wrongful termination or other forms of retaliation.
When to Contact a Workplace Accident Lawyer
While some workplace injuries result in straightforward worker’s compensation claims, others can be more complex. You should consult a workplace injury lawyer if:
- Your injury is severe and requires long-term medical treatment.
- Your claim was denied, or you’re not receiving the benefits you deserve.
- You believe your employer is retaliating against you for filing a claim.
- There is a dispute over whether your injury is work-related.
How a Workplace Injury Lawyer Can Help You
Hiring a workplace accident lawyer provides several key advantages:
- Navigating the Claims Process: Worker’s compensation laws can be complicated, and a lawyer will help you understand your rights and obligations.
- Appealing a Denied Claim: If your claim is denied, a lawyer will handle the appeals process and fight for the benefits you deserve.
- Negotiating Settlements: In some cases, insurance companies may offer a settlement. A lawyer ensures that any settlement offer reflects the true value of your claim, covering all medical expenses, lost wages, and future needs.
Your Right to Medical Treatment After a Work Injury
Injured workers have the right to medical treatment related to their injury, but there are rules about which providers you can see. As mentioned, your employer may require you to use an approved doctor for the first 90 days. After this period, you can choose your own doctor.
Ensure you keep records of all medical treatments, as this documentation will be crucial if there is any dispute over your claim.
Don’t Face a Workplace Injury in Philadelphia Alone - Contact the Skilled Lawyers at van der Veen, Hartshorn, Levin & Lindheim
Navigating the worker’s compensation process can be stressful, especially when dealing with a severe injury. Understanding your rights is the first step, but having a skilled workplace accident lawyer by your side can make the difference between a successful claim and a frustrating denial. If you or a loved one has been injured at work, don’t hesitate to seek legal help.
Contact van der Veen, Hartshorn, Levin & Lindheim today for a free consultation. You can call us directly at 215-486-0123 or fill out our online contact form to discuss your case. We’re here to help you get the compensation you deserve after a workplace accident and injury.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.