Workers’ Compensation is a type of insurance that provides benefits to employees who have become injured or ill on the job. When you get hurt on the clock, Workers’ Compensation could cover your medical expenses and pay a partial wage if you require time away from work to recover.
The Workers’ Compensation program provides several valuable benefits, but accessing them is not always easy. Additionally, if your injury is severe or your symptoms linger, the insurance company that pays the benefits might pressure you to return to work before you are ready.
A Scranton Workers’ Compensation lawyer from our firm is here to help push back against any hassles from the insurance company. At Gross & Kenny, LLP, we will not let an employer, or their insurance company, take advantage of you. Our skilled attorneys have extensive experience with representing injured workers and helping them secure the benefits they need to move forward. Call today to get started.
Pennsylvania Law requires almost all employers to offer Workers’ Compensation benefits to their employees. The main exceptions are federal employers and railroad workers, dockworkers, and others with benefits under other federal programs. Workers cannot opt out of Workers’ Compensation unless their religious convictions prevent participation.
Workers’ Compensation covers your medical care when you suffer a work-related injury or develop a work-related condition. The injury or condition could be directly related to your job duties but need not be. For example, Workers’ Compensation benefits could be available for the following conditions:
Almost any accident or illness that happened while you were on the clock, or any health impacts that developed because of conditions at your workplace, could trigger Workers’ Compensation benefits.
You must see an employer-approved physician for your initial treatment, but if the condition persists, you can select your own provider after 90 days. If the treating physician recommends surgery, 77 Pennsylvania Statutes §306(f.1)(1)(i) allows you to get a second opinion from a provider of your choice. Our Workers’ Compensation attorneys serving Scranton can help you transfer your care or get another opinion in an appropriate case.
If you remain disabled for an extended period, the insurer or your employer might require you to get an Independent Medical Examination (IME). You receive free medical care for your condition until you reach the point of maximum medical improvement (MMI). An MMI designation means your symptoms are unlikely to improve with further treatment.
If your illness or injury keeps you out of work for at least seven scheduled days, you could claim temporary disability. Workers’ Compensation will pay you two-thirds of your average weekly wage until your treating doctor clears you to return to work. If the doctor recommends limited duties, you can continue to receive disability payments that are two-thirds of the difference between your pre-injury wages and the wages you earn on restricted duty.
If you reach MMI but are not fully recovered, Workers’ Compensation pays partial permanent disability benefits. You receive a disability rating, which describes how much the symptoms or condition impedes your earning potential. Worker’s Compensation pays you for your partial disability according to your disability rating.
If your illness or injury renders you permanently unable to work, you could receive a permanent total disability payment. Permanently disabled workers often prefer to receive their compensation in a lump sum. One of our Scranton attorneys can work to arrange an acceptable settlement in a Workers’ Compensation case.
There are various stages in the Workers’ Compensation process that tend to be friction points, where the employee and the insurance company might disagree. If you disagree with your treatment provider or the insurance company, you do not have to accept their decision. Instead, discuss your options with one of our seasoned Workers’ Compensation attorneys serving Scranton.
Doctors sometimes do not approve a treatment you think could be beneficial, or they might recommend you return to work before you are ready. You have the right to fight these decisions. If you receive a disability rating you believe is too low, you could fight that decision, as well.
It is possible for the Workers’ Compensation insurance company to deny a claim. Denials usually happen when the company thinks you are faking your injuries, or believes the injury is real but not work-related. An aggressive local lawyer from Gross & Kenny, LLP can fight these accusations and help you get the benefits you have earned.
When you have been injured on the job, a knowledgeable Scranton Workers’ Compensation lawyer from our firm can serve as your legal advocate. Knowing your rights and what to expect could help ensure you get the benefits you are entitled to receive.
Our diligent legal professionals combine deep knowledge of the system with compassion for your situation. Call today to discuss your case and find out how we can help you.
Copyright © 2023 | Gross & Kenny, LLP
Personal Injury Attorney Philadelphia | Gross & Kenny, LLP