Have
you been injured at work? Call to schedule a free consultation
regarding your claim. The Pennsylvania Workers' Compensation Act
requires payment of wage loss benefits for total or partial
disability and all reasonable and necessary medical expenses for a
work-related injury. Wage loss benefits for total disability range
from two thirds to ninety percent (66 2/3% to 90%) of your average
weekly wage at the time of injury. Partial disability benefits are
payable when you can return to some type of work after an injury, but
the job you return to pays less than your time of injury job.
In
order to receive Workers' Compensation benefits, you must have been
injured in the course and scope
of your employment. It does not matter who was at fault for causing
the injury. There are time limitations
for claiming Workers' Compensation. You must report your injury to
your employer within 120
days of the date of injury. If your claim is denied or ignored by
your employer or your employer's insurance
carrier, you must file a Workers' Compensation Claim Petition with
the Bureau of Workers' Compensation
in Harrisburg within 3 years of the date of injury. It is essential
that you consult an experienced
attorney before filing any petition.
You
may receive Workers' Compensation medical benefits for as long as you
require treatment for your injuries.
You may even receive payment for medical expenses after your wage
loss claim has ended. With
limited exceptions, if your employer has a list of medical providers
to treat work-related injuries, you
must treat with someone on that list, or a medical provider someone
on that list refers you to, for the
first 90 days. The 90 days starts when you first see someone on that
list. If your employer has no list,
or after the 90 days are up, you can go anywhere you like for
treatment, as long as the treatment is reasonable
and necessary for your work injury.
Workers'
Compensation wage loss benefits have limits for most injured
employees. Total disability benefits
may be received indefinitely, if the injured person has a 50% or
greater total body impairment under
the American Medical Association guidelines. However, that won't be
possible for most people. After
you have received two years of total disability benefits, an
impairment rating can be requested by your
employer or its insurer and, if you are found to have less than a 50%
total body impairment, your status
is changed from total disability to partial disability. You can
receive partial disability benefits for a
maximum period of 500 weeks.
We
accept Workers' Compensation cases on a contingent fee basis. You pay
a fee only if we are successful
in obtaining benefits for you or in defending your right to the
benefits you are already receiving.
There are normally costs incurred in pursuing or defending your
Workers' Compensation claim.
Frequently, we will advance those costs on your behalf. If successful
in pursuing or defending your
claim, the Workers' Compensation Act provides for reimbursement of
those costs by the employer/insurer.
Call
us at 570-569-2154
to schedule a complimentary appointment with our
office. We represent injured
workers throughout Northeastern Pennsylvania