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Workers’ Compensation Lawyers in Upper Darby, PA
If You Have Been Injured at Work, Larry Pitt & Associates is Your Answer For A Workers’ Compensation Lawyer in Upper Darby, PA
Upper Darby Township is a historic part of Pennsylvania. Its expanding population over the decades makes it a diverse and popular part of the state which includes the neighborhoods of Aronimink, Beverly Hills, Bywood, Drexel Hill, Drexel Park, Fernwood, Highland Park, Llanerch Hills, Kellyville, Kirklyn, Oakview, Primos, Secane, Stonehurst, Terminal Square, and Westbrook Park. As with any bustling community, Upper Darby has its share of businesses and people who commute to work nearby. Upper Darby, therefore, is not immune to work-related injuries.
Dealing with a workplace injury can be a difficult and overwhelming experience for both you and your loved ones. Not only can it result in numerous medical bills, but it can also lead to a loss of income that further complicates paying everyday expenses. However, if you live in Pennsylvania, you can take advantage of the state’s comprehensive workers’ compensation laws to receive financial aid after a sudden and debilitating workplace injury.
At Larry Pitt & Associates, we have extensive experience handling workers’ compensation cases. We understand that each case is unique, and if you have been injured at work, it is essential to have an experienced workers’ compensation attorney to handle your claim and negotiate with your employer or insurance company. If you reside in Upper Darby, we encourage you to reach out to our law offices for a free case evaluation. Remember to assert your rights and claim all your benefits.
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Call Our Pennsylvania Workers' Compensation Lawyers in Upper Darby, PA
Here at Larry Pitt & Associates, our compassionate and experienced workers’ compensation attorneys in Upper Darby, 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’ compensation attorney in Upper Darby. We are here and ready to help you file your workers’ compensation case.
What Is Pennsylvania Workers' Compensation Law?
Pennsylvania has devised workers’ compensation laws to protect employees experiencing work-related injuries or illnesses. The regulations and statutes govern their benefits to ensure workers receive adequate financial support, medical treatment, and other benefits. These guidelines’ primary purpose is to provide peace of mind to workers and companies alike, assuring them that an accident in the workplace won’t have adverse financial consequences for those injured.
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 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 workplace injury 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 workplace 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’ comp attorneys. The best workers’ compensation lawyers 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.
How Much Does Workers' Comp Pay?
Pennsylvania workers’ compensation states that workers who are injured at work are entitled to lost wage benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act.
The workers’ compensation rate in Pennsylvania is calculated based on the employee’s average weekly wage (AWW) and the statewide average weekly wage (SAWW). The AWW is calculated by averaging the employee’s wages over the previous 52 weeks. The SAWW is calculated by averaging the wages of all employees in Pennsylvania over the previous 52 weeks. These are some basic guidelines. Your workers’ comp attorney can thoroughly explain the wag-loss benefit you are entitled to:
- The amount of money you get depends on how much money you make.
- If you make less than the average person in Pennsylvania, you get 66 2/3% (two-thirds) of your weekly pay.
- You get the average weekly pay if you make more than the average person in Pennsylvania.
- You can get workers’ compensation benefits for up to 500 weeks.
Our experienced workers’ compensation lawyers will assist you with these calculations.
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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 injured workers 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 workplace 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 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 an experienced 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. Establishing a documented medical record ensures your well-being and strengthens your workers’ compensation claim.
Keep a Record of Expenses and Lost Wages:
Keep track of all medical expenses, including 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’ Compensation 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 workers’ compensation lawyer and never talk to your employer’s insurance company until you have an experienced lawyer on your side
Remember, each case is unique, and consulting with an attorney specializing in workers’ compensation law is essential. 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.
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.