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Workers’ Compensation Lawyers in West Chester, PA
If You Have Been Injured at Work, Larry Pitt & Associates is Your Answer For A Workers’ Compensation Lawyer in West Chester, PA
West Chester is a historic part of Pennsylvania. The West Chester Downtown Historic District is listed on the National Register of Historic Places. In addition, so are other locations such as the Bank of Chester County, Buckwalter Building, Butler House, Chester County Courthouse, William Everhart Buildings, Farmers and Mechanics Building, First Presbyterian Church of West Chester, New Century Clubhouse, Joseph Rothrock House, Sharples Homestead, Sharples Separator Works, Warner Theater, West Chester Boarding School for Boys, and components of West Chester State College Quadrangle Historic District. As with any bustling community, West Chester has its share of businesses and people who commute to work nearby. West Chester, therefore, is not immune to work-related injuries.
A workplace injury can be devastating for you and your family. Work-related injuries or illnesses can cause crippling medical bills while suffering a loss of income. This can make paying your everyday bills very difficult, not to mention the mounting medical expenses. Fortunately, Pennsylvania has robust workers’ compensation laws that can help reimburse victims and their families after an unexpected and debilitating workplace accident.
Larry Pitt & Associates have decades of experience with workers’ compensation matters. No two workers’ compensation cases are the same and if you have suffered workplace injuries, you want an experienced workers’ compensation attorney to file your workers’ comp claim and deal with your employer or insurance company. West Chester residents who have been injured at work should contact our law offices for a free case evaluation with one of our Pennsylvania workers’ compensation lawyers. Know your rights! Claim all your benefits.
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Call A Workers' Comp Lawyer in West Chester, PA
Here at Larry Pitt & Associates, our compassionate and experienced workers’ compensation attorneys in West Chester, PA, represent injured workers and can help you and your family recover the benefits and obtain the compensation that you may be entitled to under the law. We will not let your claim get undervalued or unfairly denied.
Learn how we can help you by scheduling your FREE consultation by calling (888)-PITT-LAW or (877) 748-8529 or by sending us a private message with our easy-to-use contact us box. Larry Pitt & Associates is the answer to your search for an experienced workers’ comp attorney in West Chester. We are here and ready to help you file your workers’ compensation case.
What Is Pennsylvania Workers' Compensation Law?
In Pennsylvania, there exists a comprehensive set of regulations and statutes pertaining to workers’ compensation. These laws aim to safeguard the rights and entitlements of individuals who sustain job-related injuries or illnesses within the state. The primary objective of this legislation is to offer financial assistance, medical care, and other benefits to affected workers, ensuring their protection and support in the event of a work-related incident.
Key aspects of Pennsylvania workers’ compensation law include:
Coverage: Most employers in Pennsylvania are required to carry workers’ compensation insurance to provide benefits to their employees. This coverage applies to both full-time and part-time employees, regardless of the size of the employer’s workforce.
Work-Related Injuries and Illnesses: Workers’ comp law covers injuries and illnesses arising out of and during employment. This includes accidents, repetitive motion injuries, occupational diseases, and psychological conditions resulting from work-related factors.
No-Fault System: Pennsylvania operates under a no-fault workers’ compensation system, which means that employees are entitled to benefits regardless of who is at fault for the injury or illness. In exchange, employees generally give up the right to sue their employer for damages in a personal injury lawsuit.
Benefits: Pennsylvania workers’ compensation provides various benefits to injured employees, including medical benefits, wage loss benefits, specific loss benefits for permanent impairments, vocational rehabilitation services, and death benefits for surviving dependents in fatal work accidents.
Claims Process: Injured employees must notify their employer of the injury or illness as soon as possible. Employers are then required to report the incident to their workers’ compensation insurance carrier. The injured worker must file a formal workers’ comp claim with the Pennsylvania Bureau of Workers’ Compensation within specific time limits.
Dispute Resolution: Disputes over workers’ compensation claims, including denied claims or disputes regarding the extent of benefits, are typically resolved through the Pennsylvania workers’ compensation system. This may involve mediation, hearings before a workers’ compensation judge, and, if necessary, appeals to the Workers’ Compensation Appeal Board and the courts.
Employees must understand their rights and obligations under the workers’ compensation law. Consulting with an experienced attorney can provide guidance and ensure injured workers receive the benefits they deserve while navigating the complexities of the legal process.
How Do I Know If Workers' Compensation Covers Me?
Under Pennsylvania law, employers are required to carry workers’ compensation insurance. This means that the workers’ compensation law covers nearly every worker – with few exceptions. This includes full-time and part-time workers, seasonal, temporary, management, greeters, or other Philadelphia, PA employees.
It also does not matter if it was your first day on the job or your last day packing up your stuff. There are no waiting periods, and any injury that occurs within the scope of your employment will trigger coverage.
What Types Of Injuries Are Covered By Workers' Compensation?
Workers’ compensation laws in Pennsylvania are designed to provide benefits and protection for workers who sustain injuries or develop illnesses arising out of and in the course of their employment. Workers’ compensation covers a wide range of injuries, illnesses, and conditions that can occur in the workplace.
Here are some examples of injuries that are typically covered by workers’ compensation in Pennsylvania:
- Slip and fall accidents
- Strains, sprains, and fractures
- Repetitive motion injuries
- Machinery or equipment accidents
- Burns and electrocutions
- Falling objects causing injuries
- Exposure to toxic substances (chemicals, asbestos, etc.)
- Respiratory diseases (occupational asthma, silicosis)
- Occupational hearing loss
- Occupational dermatitis or skin conditions
- Occupational cancers
- Occupational stress-related conditions
Pre-Existing Conditions Aggravated by Work:
- Pre-existing back or neck conditions exacerbated by work activities
- Pre-existing conditions worsened by repetitive motions or heavy lifting
- Chronic conditions exacerbated by workplace conditions
- Injuries resulting from slip and fall accidents on the job, aggravating pre-existing conditions
It’s important to note that to be eligible for workers’ compensation benefits in Pennsylvania, the injury or illness must be work-related. This means it must have occurred while performing job duties or as a result of conditions directly related to the workplace environment. It is recommended to consult with experienced workers’ compensation lawyers. A Pennsylvania workers’ compensation lawyer can assess your specific situation and determine the eligibility of your injury or illness for workers’ compensation benefits. They can guide you through the claims process, gather necessary evidence, and advocate for your rights to ensure you receive the benefits you are entitled to under Pennsylvania law.
What Benefits Do I Receive From Workers' Compensation?
Workers’ compensation provides coverage for various financial losses arising from a work-related injury or illness. These benefits aim to compensate workers who have been hurt on the job for the economic impact they experience due to their inability to work or the additional expenses incurred.
Here are some of the financial losses covered by Pennsylvania’s workers’ compensation law:
Medical Benefits & Expenses:
All reasonable and necessary medical treatment related to the work injury or illness, including doctor visits, hospitalization, surgeries, medications, physical therapy, and rehabilitation services.
Medical costs of diagnostic tests, such as X-rays, MRIs, and laboratory tests.
Medical supplies and equipment are required for treatment or recovery.
Lost Wages Benefits:
If your injury or illness causes you to miss work, you may be eligible for lost wages benefits. The amount of wage loss benefits depends on the severity of your disability and your average weekly wage. There are four types of wage loss benefits:
a. Temporary Total Disability (TTD): If your injury prevents you from working in any capacity, you may receive a portion of your pre-injury wages as TTD benefits until you can return to work.
b. Temporary Partial Disability (TPD): If your injury allows you to work in a reduced capacity or with work restrictions, but your earnings are lower than before, you may receive TPD benefits, which provide a percentage of the wage difference.
c. Permanent Partial Disability (PPD): If your injury results in permanent impairments, but you can still work in some capacity, you may be entitled to PPD benefits, which provide compensation based on the degree of impairment.
d. Specific Loss Benefits: If you suffer the loss or loss of use of a specific body part, such as a limb or an eye, you may be eligible for specific loss benefits, which compensate for the permanent loss.
Permanent Disability Benefits:
Partial Disability Benefits: If your work-related injury or illness results in a permanent partial loss or impairment of a body part or function, you may be entitled to receive benefits based on the specific impairment rating determined by medical evaluation.
Total Disability Benefits: If your work-related injury or illness results in a total and permanent disability that prevents you from engaging in any gainful employment, you may be eligible for lifetime total disability benefits.
Vocational rehabilitation services, including career counseling, job placement assistance, and retraining programs, may be provided to injured workers who cannot return to their previous jobs due to on-the-job injuries or illnesses. These services aim to help workers gain new skills and find suitable employment.
In the unfortunate event of a work-related fatality, workers’ compensation may provide death benefits to dependents of the deceased worker, including a surviving spouse, children, or other eligible dependents. These benefits typically cover funeral expenses and a portion of the worker’s average weekly wage.
It’s important to note that the specific benefits and coverage may vary based on the nature and severity of the injury or illness. Consulting with an experienced workers’ compensation lawyer is crucial to ensure you understand your rights, accurately assess your financial losses, and navigate the claims process effectively to maximize the benefits you are entitled to under Pennsylvania Workers’ Compensation Act.
What Our Clients Say
What Should I Do If I Have Been Injured At Work?
If you have been injured at work in Pennsylvania, it is crucial to take specific steps to protect your health, well-being, and legal rights. Here are the key actions you should consider:
Seek Medical Attention Immediately:
Your health and well-being should be your top priority. If you are seriously injured, seek immediate medical attention by calling 911 or visiting the nearest emergency room. Report the incident to your employer for less severe injuries and request medical treatment from an authorized healthcare provider.
Report the Injury to Your Employer:
Pennsylvania law requires you to report your work-related injury to your employer within 21 days. However, it is best to notify your employer as soon as possible, preferably in writing, providing details of the incident, date, time, and nature of the injury or illness.
Document the Incident:
Make sure to document the details of the incident, including any witnesses present and any unsafe conditions or hazards that contributed to your injury. Take photographs, and keep copies of any relevant documents, such as accident reports or medical records.
File a Workers’ Compensation Claim:
In Pennsylvania, you must file a workers’ compensation claim within 120 days of the injury or the onset of an occupational illness. Notify your employer of your intent to file a claim and follow their instructions on the claims process. It is advisable to consult with a Pennsylvania workers’ compensation attorney to guide you through the process and ensure you meet all necessary deadlines.
Follow Medical Advice and Attend Appointments:
Cooperate with your healthcare providers, attend all medical appointments, and follow their recommended treatment plan. This ensures your well-being and strengthens your workers’ compensation claim by establishing a documented medical record.
Keep a Record of Expenses and Lost Wages:
Keep track of all medical expenses, including medical bills, prescriptions, and transportation costs related to your injury. Also, document any time missed from work and the resulting loss of wages. This information will be essential for your workers’ compensation claim.
Consult with an Experienced Workers’ Comp Attorney:
Seek legal representation from a knowledgeable workers’ compensation lawyer. This can significantly benefit your case. They can help protect your rights, gather evidence, navigate the claims process, negotiate with insurance companies, and ensure you receive the maximum benefits you are entitled to under Pennsylvania law. Talk to a lawyer and never talk to your employer’s insurance company until you have a workers’ comp lawyer on your side
Remember, each case is unique, and it is essential to consult with an attorney specializing in workers’ compensation law. They can evaluate your specific circumstances and provide guidance. They will advocate for your rights and help you navigate the complexities of the workers’ compensation system to ensure you receive the benefits you deserve.
Why Hire A West Chester Workers' Compensation Lawyer?
In Pennsylvania, it is not mandatory to hire a workers’ compensation lawyer for filing a work injury claim. However, it is highly recommended to have one. Attempting to manage a claim alone may lead to exploitation by an unethical employer, adjuster, or an overbearing doctor.
Recall that your employer should provide you with a list of doctors that you must choose from for the first 90 days after your claim is filed. Those doctors are incentivized to keep their referral relationship in good standing with employers and insurance adjusters. This means that some injured workers may have their claim undervalued if they need to know the proper reasonable compensation for their injuries. A lawyer can help you fight back and recover the compensation you deserve.
There are also complex calculations related to workers’ compensation benefits and wages. This is particularly true when your injuries are so severe that you may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) because there is an offset between workers comp and SSDI/SSI. This calculation can be challenging, even for experienced workers’ compensation lawyers to calculate. As an injured worker, it could be daunting, if not impossible.
A skilled workers’ compensation lawyer is critical if you have a work injury. They can ensure you seek medical attention, know your legal rights, manage communications with your employer or insurance company, and handle any workers’ compensation litigation. Your workers’ comp attorney is the best assurance you collect your workers’ comp insurance.
Frequently Asked Questions
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.
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.
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.
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.
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.
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.
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.
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.