Getting Income for You When You Can’t Work
Gainful employment allows people to build their lives and live certain lifestyles. When a work injury or health condition removes a worker from the workplace, they lose their income for a while . . . or permanently. Fortunately, workers’ comp benefits cover some of the losses an injured worker experiences. If you have been injured on the job, contact an experienced Philadelphia work injury lawyer to get the compensation you deserve.
Why Choose a Work Injury Lawyer From Wapner Newman?
Successfully Helping Injured Workers for Decades
Insurance companies and employers sometimes make injured workers’ lives difficult during the compensation process. However, the work injury lawyers at Wapner Newman have the experience and the skill to compel such companies to honor the claims of injured workers.
Over the past few decades, our firm has established a reputation in the Philadelphia legal community as a firm that fights hard for its clients until the end. Insurance companies know that Wapner Newman never lets up when a client’s interests are not being honored.
When you choose Wapner Newman, you get a firm with:
- Hundreds of millions of dollars recovered for clients
- Leaders in the legal industry
- Deep ties to the Philadelphia and surrounding communities
- Free initial consultations
- 24/7 availability for clients.
Additionally, every work injury lawyer at our firm provides each client with the personalized care and service their unique situation demands.
If you have been injured at work, don’t hesitate to call Wapner Newman for a free consultation with a Philadelphia work injury lawyer. You matter and deserve to be compensated for an injury at work. Call (215) 569-0900 today.
Workers’ Comp Benefits and Coverage in Pennsylvania
Like other states, Pennsylvania has a workers’ compensation system in place as the primary and usually exclusive remedy for on-the-job injuries. It provides coverage and benefits based on the severity and nature of a worker’s injury or medical condition, regardless of fault (unless a worker intentionally harms themselves or was injured while engaged in illegal activity or reckless behavior).
Medical Care
Injured workers are entitled to seek coverage for medical treatment directly related to their work injury or health condition. Types of covered treatment include:
- Services provided by health care professionals, including doctors, chiropractors, and other professionals
- Surgical services
- Hospital stays and treatments, including semi-private rooms and private rooms when semi-private rooms are not available
- Medication
- Medical supplies and devices.
Workers’ compensation in Pennsylvania covers the treatment of mental and psychological injuries as well.
Wage Replacement
Tax-free wage replacement benefits are available to workers whose injury or illness causes them to be out of work for at least seven calendar days. However, the wage replacement is only partial and includes weekly payments of two-thirds the amount of your pre-accident income. Additionally, there is a legislative cap on the amount of weekly payments. Currently, the cap sits at $1,273 weekly.
Total Disability Benefits
If you suffer a work-related injury or illness and can’t return to work at all or in the near future, you may be entitled to pursue total disability benefits. Total disability benefits are weekly payments that will continue permanently unless one of the following occurs:
- The worker experiences a medical recovery without restrictions
- The worker returns to their pre-injury employment for a full work schedule
- The employee has been medically cleared to engage in other available employment without experiencing a loss in earnings.
Total disability benefits are tax-free.
Death and Dependency Benefits
When a worker dies because of a work-related illness or injury, the worker’s spouse, children, and other dependents may be eligible for death and dependency benefits. However, the death from injury or illness must take place within 300 weeks of the date of the injury or final exposure to a hazard that caused an illness.
Death benefits include:
- Up to $3,000 for expenses related to the funeral and burial
- Weekly benefits payments.
The weekly death benefit payments cease for spouses who remarry and for children who turn 18 years old (or 23 years old when enrolled full-time at an accredited school).
Other Sources of Compensation for a Work Injury
Workers’ compensation is not always the only source of compensation for work injuries. Sometimes, it may be possible to sue a third party or even your employer, although the latter is rare. To be successful in a lawsuit or compensation claim against your employer, your work injury attorney in Philadelphia must first demonstrate one of the following:
- The employer failed to carry workers’ comp coverage.
- The employer intentionally caused your injury or endorsed its occurrence.
- The employer acted in a dual capacity.
Dual capacity refers to instances where a party is the injured worker’s employer but also acts in another capacity toward the employee. If the employee is injured while the employer is acting in a non-employer role, such as a retail role, the injured worker can potentially sue.
Third-Party Lawsuits
If you are injured on the job because of a party that is not officially a part of your job’s workforce, you can potentially pursue damages from that party. For example, if a gas station customer negligently hits a gas station employee with their vehicle, the injured employee would not be limited to workers’ comp benefits. They could file for full damages against the driver, depending on the circumstances of the crash and the severity of their injuries.
Full Damages
As mentioned, full damages are not available for workers’ compensation claims. However, they are available in third-party lawsuits and permissible claims against your employer. They are much more extensive than workers’ comp benefits and include:
- Medical coverage
- Full wage replacement
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish.
You may also seek punitive damages in third-party claims and claims against your employer when outrageous conduct is involved. Outrageous conduct is conduct that is done out of an evil motive or with reckless indifference to others. Contact a work injury lawyer from our firm at (215) 569-0900 for more information.
Frequently Asked Questions
The Q&A can help you better understand work injuries and compensation.
Should I hire a work injury lawyer to represent me?
After a job injury, you should consider hiring an experienced work injury lawyer to help ensure that you get maximum compensation and benefits for your injury.
How much does a work injury attorney in Philadelphia cost?
Workers’ comp lawyers charge a maximum of 20% of the compensation they recover for you. If you receive $10,000, your attorney can charge up to 20% of that, which would be $2,000. However, if your attorney files a third-party claim for a work injury or sues your employer directly (which is rare), they will likely charge between 30% and 40%.
Is there a time limit for filing a worker’s comp claim in Pennsylvania?
Yes. There are a statute of limitations and reporting deadlines. The statute of limitations requires injured workers to file their claims within three years of being injured. Additionally, injured workers must report their injuries to their employer within 21 days to receive benefits from the date of their injury and within 120 days to receive benefits from the day the injury was reported.
Can I be fired or demoted for filing a workers’ compensation claim?
Your employer could fire or demote you for filing a workers’ comp claim, but doing so would be against the law. Fortunately, you can potentially pursue damages for the losses caused by your employer’s actions.
Why was my workers’ comp claim denied?
There are many possible reasons why your workers’ comp claim was denied, including:
- Incorrect or missing information on the application
- Failure to submit the application within 120 days of the accident
- A dispute from your employer regarding the severity of the injury
- Your employer disputes the existence of the injury
- Your employer claims the injury was not work-related
- Your employer claims you were horsing around or engaged in illegal activity.
If you get a denial, your story is not finished. An experienced work injury attorney in Philadelphia can help you appeal the denial and pursue approval.
What are some common types of work accidents?
Work accidents vary widely. However, the most common are the following:
- Falls
- Electrocutions
- Crushed-between accidents
- Being struck by machine parts or vehicles
- Fires and explosions.
Repetitive stress injuries and overexertion are also common.
If you still have questions or would like to discuss your case with an experienced Philadelphia work injury lawyer, contact us anytime.
A Work Injury Attorney in Philadelphia Is Ready to Help
Suffering a work injury can take you out of the workforce and leave you and your loved ones without a paycheck. Although workers’ comp is available for such situations, injured workers face obstacles when seeking the compensation they deserve. However, an experienced work injury attorney in Philadelphia can overcome these challenges and recover the funds their clients need.
If you have been knocked out of the workforce by a work injury, a Philadelphia work injury lawyer from Wapner Newman is ready to meet with you and discuss your compensation options. Call our office at (215) 569-0900 for a free consultation and learn what Wapner Newman can do for you!