Recovering
$ MILLIONS
For Injured Workers
Experienced Reading Workers' Compensation Lawyers
If You Have Been Injured at Work, Larry Pitt & Associates is Your Answer For A Work Injury Lawyer in Reading, PA
Reading is the county seat of Berks County and part of the Philadelphia metropolitan area, a region that also includes Philadelphia, Upper Darby Township, Pennsylvania, Camden, and other suburban Philadelphia cities and regions. With a 2020 population of 6.288 million, the Delaware Valley is the nation’s seventh-largest metropolitan region. Given the size and continued growth of Reading, it is no surprise that more employees are suffering workplace injuries. This is why having an experienced PA workers’ comp lawyer is essential.
There are many ways that a worker could suffer a work-related injury or illness. The Pennsylvania workers’ compensation laws help injured employees receive workers’ compensation benefits for lost wages, medical bills, and other benefits in specific situations. This “no-fault” benefits system does not require a worker to prove fault or liability. Rather, a worker must only demonstrate that the injury or illness was related to their employment. While this is usually easy to do, especially in a traumatic accident, some employers and workers’ comp carriers may give injured employees a hard time. They may attempt to deny or even undervalue claims. Only experienced workers’ comp lawyers can protect your rights to workers’ compensation if this happens to you.
The Reading workers’ compensation lawyers at Larry Pitt & Associates have decades of experience filing and collecting on workers’ compensation claims. They are knowledgeable of the workers’ compensation laws and know what types of injuries workers’ compensation covers. We represent injured employees to ensure they receive their workers’ comp benefits from medical expenses. to wage loss benefits, to death benefits.
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Insurance companies often do not have your best interests in mind. They may try to downplay the seriousness of your injury to pay you as little as possible. They know that without a knowledgeable work injury lawyer by your side, it can be challenging to fight for the benefits you deserve.
At Larry Pitt & Associates, we have over 40 years of experience handling all types of workplace accidents or personal injury cases throughout Pennsylvania. If you or a loved one were seriously injured in a workplace accident, or if you or a loved one are suffering from a work-related illness, call (888) PITT-LAW or contact us online today to schedule your FREE consultation to learn how we can help you recover the maximum Worker’s Compensation benefits that you may be entitled to. You may also send us a message on our easy-to-use contact us box.
Our experienced workers’ comp lawyers in Reading, PA, will focus on your claim while you focus on healing and being with your family. Do not delay, call us today!
Who is Entitled to Collect Workers' Compensation Benefits in Pennsylvania?
In Pennsylvania, workers’ compensation benefits are available to eligible employees who suffer work-related injuries or illnesses. The following parties are generally entitled to collect benefits in Pennsylvania:
Employees
Employees who sustain work-related injuries or occupational illnesses are entitled to benefits. This includes both full-time and part-time employees, as well as seasonal and temporary workers, regardless of their immigration status.
Dependents of Deceased Workers
If a worker dies as a result of a work-related injury or illness, certain dependents may be entitled to death benefits under Pennsylvania’s workers’ compensation system. Dependents may include a surviving spouse, children, or other dependents who relied on the deceased worker for financial support.
Volunteers and Unpaid Workers
In some cases, volunteers and unpaid workers may also be eligible for benefits in Pennsylvania. However, the criteria for eligibility can be more complex, and it is important to consult with a workers’ compensation lawyer to determine whether you qualify.
Certain Employees Exempted from Workers’ Compensation
While most employees in Pennsylvania are covered by workers’ compensation, there are certain categories of workers who may be exempted, including independent contractors, federal employees, railroad workers, and some agricultural workers. However, even if you fall into one of these exempt categories, you may still have alternative avenues for seeking compensation, such as filing a personal injury lawsuit.
It is important to note that the specific circumstances of each case can vary, and eligibility for benefits depends on several factors, including the nature and extent of the injury, the employment relationship, and compliance with reporting requirements.
Consulting with experienced work injury lawyers can provide you with personalized guidance and help ensure that you understand your rights and options under Pennsylvania’s workers’ compensation act.
Which Employers Are Required to Have Workers' Compensation Insurance in Pennsylvania?
In Pennsylvania, most employers are required by law to have workers’ compensation insurance coverage under the workers compensation law. The Pennsylvania Workers’ Compensation Act mandates that employers carry workers’ compensation insurance or qualify for self-insurance to provide benefits to their employees in the event of work-related injuries or illnesses.
Here are the key guidelines regarding which employers are required to have workers’ compensation insurance in Pennsylvania:
General Rule
With limited exceptions, all employers that employ at least one employee must have workers’ compensation insurance coverage. This includes full-time and part-time employees, as well as seasonal and temporary workers.
Sole Proprietors and Partnerships
Sole proprietors and partners are not automatically considered employees and are not required to have workers’ compensation coverage for themselves. However, they have the option to elect coverage for themselves if they desire.
Limited Liability Companies (LLCs)
In Pennsylvania, an LLC is considered an employer, and if it has one or more employees, it must carry workers’ compensation insurance coverage.
Exemptions
There are a few exemptions from the requirement to have workers’ compensation insurance in Pennsylvania. These include certain agricultural workers, domestic workers, casual employees, and certain religious sect members.
Employers need to comply with the workers’ compensation insurance requirement to ensure that their employees are protected in case of work-related injuries or illnesses. Employers who fail to provide the required coverage may face legal penalties and be held financially responsible for any compensation owed to injured employees.
If you have questions about workers’ compensation insurance requirements in Pennsylvania or believe your employer is not complying with the law, consulting with an experienced workers’ compensation attorney can provide you with the necessary guidance and assistance.
If, for one of the enumerated reasons under the law, you are not covered by Pennsylvania workers’ compensation and cannot collect benefits, you may have other rights as an injured worker. This may include a personal injury case.
Larry Pitt & Associates are not only experienced Pennsylvania workers’ compensation lawyers, but they also have years of experience as personal injury lawyers. If you have been injured on the job, it is essential to learn what rights you have under Workers’ Compensation law to recover monetary compensation.
Filing a Workers' Compensation Claim in Pennsylvania
Nearly all Pennsylvania employers must have workers’ compensation insurance, either through an insurer or a self-insured workers’ compensation program. If you sustain a workplace injury or discover a work-related illness, you are generally required to report your injuries to your employer within 120 days of your accident.
There are certain exceptions to the 120-day reporting requirement, such as if you suffer from hearing loss, repetitive motion injuries, or progressive disease. However, it is generally advisable to report your injuries to your employer as soon as possible, so you can begin receiving benefits. Details, such as where the work accident happened, who was involved, and what type of injuries were sustained should be included in your written report.
If you have suffered workplace injuries, it is essential to seek medical attention, file a report with your employer, retain the names of witnesses and any photographs, and then contact experienced workers’ compensation lawyers who can file your claim and handle your workers’ compensation case.
The experienced attorneys at Larry Pitt & Associates will file your claim, deal with the insurance company and ensure that you obtain compensation and all the benefits you are entitled to under the law.
The Workers’ Compensation Claims Process
Once your employer receives the injury report, they are required to file a First Report of Injury with the Pennsylvania Bureau of Workers’ Compensation within a certain amount of time, depending on the severity of your accident. If you missed more than a day, shift, or turn of work due to your injury, your employer must file within seven days. For injuries resulting in death, employers must file within three days.
You may be entitled to temporary benefits if your employer extends the investigation of your claim to 90 days. If your employer decides to accept your claim, you will begin receiving compensation for your medical expenses and wage losses by your average weekly pre-injury wages. If your employer chooses to deny your claim, you will receive a Notice of Workers’ Compensation Denial.
The worker’s comp attorneys at Larry Pitt & Associates, P.C. can help you to file your initial claim, meet all requirements and deadlines, and appeal your claim in the event it is denied by your employer.
The Appeals Process
Employers may choose to deny your claim for a variety of reasons, including if they question the legitimacy of your claim if they find that there is inadequate or missing information, and if your injury was not reported on time.
You may appeal your denial to the Bureau of Workers’ Compensation within three years from the date of your injury. If the workers’ compensation judge denies your appeal, you may file appeals with the Pennsylvania Workers’ Compensation Appeal Board, the Commonwealth Court, and the Pennsylvania Supreme Court, respectively. Appeals filed by an experienced workers’ compensation attorney have an increased chance of a successful result.
What Are The Workers' Compensation Benefits In PA?
Under the Pennsylvania Law, you are entitled to receive workers’ compensation benefits including:
- Payment for your medical bills
- Lost wages calculated on an average weekly wage basis
- Temporary disability
- Permanent disability
- Vocational rehabilitationg
- Death benefits
Your Pennsylvania workers’ compensation attorney will advise you in more detail on the benefits you may receive under your workers’ comp claim. While no two cases are alike, the law does set out the type and amount of benefits an injured worker is entitled to and how they are calculated. Do not rely on your employer or colleagues for advice when it comes to a work injury. Workers’ compensation cases can be complicated and only experienced attorneys can protect your rights.
What Our Clients Say
Can I Sue My Employer or a Negligent Third-Party for My Workplace Injuries?
In exchange for workers’ compensation benefits, workers agree to not sue their employers for any work-related accidents or injuries. However, there are certain exceptions. For example, if someone other than your employer was at fault for your injuries, you may be able to file a third-party claim, under which you may be eligible to recover additional personal injury damages for your injuries, including pain and suffering.
The workers’ compensation attorneys at Larry Pitt & Associates will advise you on the full scope of legal rights you have to collect maximum benefits and proper compensation in both workers’ compensation cases and personal injury matters.
What A Workers' Compensation Lawyer Does For You
Several key steps must be followed to file a successful workers’ compensation claim for you to obtain the workers’ compensation benefits you deserve.
Our experienced workers’ compensation attorneys will:
- Give notice to an employer
- Compile your medical records
- Obtain police reports or accident reports
- File a formal WC claim with the carrier
- Hire experts to support your claim
- File an appeal
- Represent you at a hearing
- Submit legal briefs in support of your position
- Seek your legal remedies in court for adverse decisions, and
- Handle nearly all aspects of your case.
Work-related injury cases can be complex especially when there is a serious work injury, catastrophic injuries, or in the worst case a fatality. Do not leave your case to an attorney without experience. Your workers’ compensation case it too important to you and your family, your health, and financial well-being.
Frequently Asked Questions
Can I choose my own doctor for treatment?
In Pennsylvania, your employer has the right to select the healthcare providers for your initial treatment. However, after 90 days, you may be able to choose your own doctor.
What if my claim is denied?
If your claim is denied, you have the right to appeal the decision. Consult with an experienced workers’ compensation attorney who can guide you through the appeals process and protect your rights.
Can I receive benefits if I return to work with restrictions?
If you have work restrictions due to your injury and your employer is unable to accommodate them, you may be entitled to wage loss benefits based on your reduced earning capacity.
How long do workers' compensation benefits last?
The duration of benefits depends on the nature and extent of your injury. Temporary benefits may be available until you can return to work, while permanent disability benefits can be long-term or even lifetime benefits.
Can I choose a lump sum settlement instead of ongoing benefits?
In some cases, you may be eligible for a lump sum settlement, which provides a one-time payment to resolve your workers’ compensation claim. Consulting with an attorney is crucial to ensure you make an informed decision.
Can I be fired for filing a workers' compensation claim?
It is illegal for employers to retaliate against employees for filing a workers’ compensation claim. If you believe you have been wrongfully terminated due to your claim, consult with an attorney to protect your rights.
Can I receive workers' compensation if I was injured while commuting to or from work?
Generally, injuries that occur during your commute are not covered by workers’ compensation. However, there are exceptions, such as when you were performing work-related tasks or if you were on a business trip.
Can I choose to see my own specialist for a second opinion?
In Pennsylvania, you generally have the right to request a second opinion from a specialist of your choice. However, it is advisable to consult with an attorney and follow the proper procedures to ensure coverage for the visit.
