Workers’ Compensation Lawyer Philadelphia, PA
Under Pennsylvania law, all employers must have workers’ compensation insurance. These policies exist to provide medical care and a percentage of wages to an employee who has been injured, or fallen ill, on the job. Although the ability to recover workers’ compensation might sound straightforward, rarely is the process that easy. There are a number of requirements that a worker must fulfill in order to be eligible for workers’ compensation. While this is fair, sometimes a worker is unable to receive workers’ compensation due to unnecessary obstacles placed by an employer, preventing the worker from obtaining the compensation they are entitled to receive. If you suspect that this situation applies to you, you may explore your possible legal options by talking to a lawyer about your scenario. As a workers’ compensation lawyer in Philadelphia, PA, we know of too many cases in which an employer had to tenaciously fight for compensation that was rightfully owed to them.
If you’re seeking workers’ compensation, and would like a legal advocate to guide you through the process, please call Wieand Law Firm, LLC. We will be happy to explain what you can expect, complete and file your paperwork, maintain all communication with the insurance company, and protect your interests. We will take the necessary time to get to know you and the specific details of your case, and provide the accommodations we can to help you. The notion of filing a claim can be a lot to evaluate, and we don’t expect you to make a decision on the spot. You may be wondering if there is enough evidence to make a strong case. However, it is worth having a consultation with an experienced lawyer who can inform you whether it is recommended to pursue legal action. You may be entitled to compensation if a lawyer finds that you have a valid claim. If you decide not to consult a lawyer at all, you won’t know for certain how strong your case might be. Call a Philadelphia, PA workers’ compensation lawyer today.
Up to 50% of all workers’ compensation claims are denied. It is up to the employer to determine whether workers’ compensation claims are valid, however they must follow certain legal requirements. By law, you must be given a reason for denial. Most commonly, these include:
- An error in paperwork
- An allegation of a false claim
- Failure to include enough evidence
- Failure to meet the deadlines
The more complex, or serious, the injuries are, the more likely the case will be denied. Many complex or serious injuries still qualify for workers’ compensation though. However, some companies do not want to go through the hassle of providing workers’ compensation. Being denied can be devastating and only add insult to injury. To avoid challenges like this, it is recommended that you have a Philadelphia, PA workers’ compensation lawyer on your side from the very beginning. In the event you took measures into your own hands, only to be denied, now is the time to consider legal support. A lawyer has access to tools, resources and has a deep understanding of the complexities of workers’ compensation laws. You may be able to get through the claims process more efficiently with a lawyer by your side. In case you experience obstacles or errors occur, a lawyer will be able to suggest informed solutions or alternative strategies so that your case argument will not be jeopardized. You save time and money by seeking the help and support of an experienced lawyer early on in the process.
Wieand Law Firm, LLC has years of experience in helping injured, and ill, employees. When an unfortunate event occurs that is out of your control, you can depend on a lawyer to provide swift and meaningful legal assistance. A serious illness or injury can make tasks such as completing paperwork or compiling records take twice as long or make it even more difficult to complete. Too many people with legitimate and eligible illnesses or injuries apply for workers’ compensation only to get denied. No one should have to go through hoops to obtain something as critical as workers’ compensation. A respected and experienced lawyer will fight tirelessly to ensure you obtain your rightful compensation amount. We work zealously to secure maximum benefits for our clients. By choosing us to represent you, please know that we:
- Have a team of educated, supportive, and honest staff
- Offer individualized attention to every case
- Guide clients through the process and ensure they know what to expect
- Are well versed with local Philadelphia courts, as well as State and Federal courts
- Seek maximum benefits
- Can assist you with getting the right medical care
Available Workers’ Compensation Benefits
Workers’ compensation benefits typically include the following.
Medical Care – All related medical care, including ER visits, surgery, rehabilitation, therapy, doctor’s visits, medication, and so forth should be covered.
Disability – Any worker unable to carry out their job duties, because of a temporary or permanent disability, should receive disability benefits.
Permanent Injuries – Loss of one of the five senses, an organ, or limb might qualify you for additional benefits.
Death – If a worker lost their life because of their job, surviving family members may be able to seek future wages, retirement benefits, funeral and burial expenses, and more.
Workers’ compensation does not provide monetary damages for things like pain and suffering or emotional anguish. These may only be available in a personal injury claim. A workers’ compensation lawyer in Philadelphia, PA will likely review your case to determine whether this type of claim is also accessible. Since this type of claim involves many legal nuances, it is recommended that you do not attempt to file it yourself and seek professional assistance instead. Generally, a third party must have caused the injury.
If you are struggling to obtain workers’ compensation you are eligible to receive, contact a top lawyer now so you can learn about your legal rights and ways to recover compensation. A lawyer will help you throughout each stage of the claims process. If you are ready to protect your full employee rights, call a workers’ compensation lawyer in Philadelphia, PA. Call Wieand Law Firm, LLC.
Where to File for Workers’ Compensation
You were excited about the prospect of working out of state. It allows you to make more money for your family, and while you have to spend time away, it all would be worth it in the future. Unfortunately, soon after you take the new job, you get injured. The doctors who first examine you determine the injury to be work-related, thus qualifying you for workers’ compensation. How does it work if you live in one state but work in another? When trying to navigate the complicated waters of workers’ compensation from a state or two away, you may want to keep some of these basic insights in mind.
States Make the Workers’ Compensation Laws
The states set workers’ compensation laws. There is no federal requirement or oversight for private companies. Some state laws do not make all employers cover workers’ compensation insurance coverage. Under these laws, you cannot file for benefits even if hurt on the job. You would have to file a civil suit against the company and try to get financial recourse that way.
Consider the Laws Where You Live First
If you get hurt while working elsewhere, you have the right to file a workers’ compensation action in either state. You should first check out the laws in the place where you spend most of your time. This makes medical treatment coordination easier for the company and ultimately you. After reviewing the laws where you live, you may then compare them to the laws in the state where you were working at the time of your injury. If benefits in either state are better, you may file your action there. Again, you get a choice since you live in one place and work in another.
Figure Out Which State’s Laws Are More Beneficial
Since you get to choose where to file, you may want to give a lot of thought to where you will get the most help with your injuries. To do that, you want to consider if either state has a cap for financial damages or awards. Some will not let you recover over a certain dollar amount depending on your injury. Other states have no limit to these awards. Another thing you want to look at is what point each state will deem you disabled. This goes for temporary and permanent disability ratings and benefits. Some states also will not let you bring an action for psychological injuries, while others do.
It may get tricky when determining where to file for benefits after a workplace injury. You may want to consider talking to a workers’ compensation lawyer where you live and where you work to get an idea of how to proceed.
Common Myths About Workers’ Compensation
It’s common knowledge that employers are required to carry workers’ compensation insurance in case their employees get injured. However, there are still so many misconceptions surrounding it. Here are some common myths about workers’ compensation you shouldn’t believe.
- You must be at your jobsite when injured. Many workers assume that they have to get injured at their jobsite in order to qualify for workers’ compensation benefits. However, this isn’t true. If you were performing job duties while you got injured, you don’t necessarily have to be at your jobsite. For example, if you drive as a part of your job and get into a car accident, you’re eligible for workers’ compensation.
- If the accident was your fault, you can’t get workers’ compensation. If you suffered an injury at work because you weren’t paying attention, you can still receive workers’ compensation benefits. On the other hand, if you were under the influence of drugs or alcohol when you got hurt, you likely won’t be eligible to receive compensation.
- You risk termination if you file for workers’ compensation. Unfortunately, some employees are reluctant to pursue workers’ compensation claims because they’re afraid their boss will fire them. However, it’s illegal to fire someone for filing for workers’ compensation. If your employer threatens to fire you, speak to a workers’ compensation lawyer in Philadelphia, PA promptly.
- Workers’ compensation covers all of your injury losses. Workers’ compensation actually doesn’t cover all the losses you experience from your injury. It will only pay for your medical bills and lost wages. You won’t receive compensation for damages like pain and suffering and emotional distress.
- You can see your family doctor for treatment. Some workers assume that they can just go to their family doctor if they get injured at your job. However, your employer will likely have a list of doctors you’re allowed to see for treatment.
- You can wait to see if you get better before you file a claim. In Pennsylvania, you have 120 days to tell your employer about your injury. If you miss the deadline, you won’t be eligible to receive benefits.
- You don’t need to hire a lawyer. If your workers’ compensation case is fairly simple, you may be able to handle it without legal assistance. However, if there are any complexities in your case, it’s in your best interest to work with an experienced workers’ compensation lawyer in Philadelphia, PA. For example, if your employer denies your claim or your injuries are severe, it’s necessary to hire a lawyer.
Can I File for Workers’ Comp if I Caught COVID-19?
COVID-19 has flipped the world upside-down for a lot of us, but a workers’ compensation lawyer in Philadelphia, Pennsylvania can help you move past your illness with the financial compensation you deserve.
When the pandemic started, many people had to adjust to working from home. Others weren’t so lucky, and had to continue working at the office, jobsite, or elsewhere. While it was a challenge for those who had to figure out how to work from home effectively, for those who had to keep returning to the workplace, it was downright dangerous.
Of course, this led to employees contracting COVID-19. Catching the coronavirus means lengthy periods of isolation, possible hospital stays, and even death. It can be a scary time dealing with your COVID-19, and to make matters worse, you’ll be dealing with expensive medical bills, lost wages, or both.
Fortunately, it’s possible to file for workers’ compensation if you caught COVID-19 in the workplace. However, it’s best to contact a workers’ compensation lawyer in Philadelphia, PA so you know how to proceed. Read on to find out whether you should file for workers’ compensation for your COVID-19.
When Should I File for Workers’ Compensation?
There are two main ways you can contract COVID-19 in the workplace. You could have a negligent employer who failed to take any steps to keep you safe, or you could have an employer who followed CDC guidelines to keep you protected – and you contracted COVID-19 anyways.
If your employer was negligent and failed to heed any kind of warning about COVID-19, you can actually sue them for gross negligence. This goes beyond workers’ compensation, but the burden of proof is on you. You have to prove that your employer was negligent and failed to take any precautions against COVID-19, and you have to prove that you contracted COVID-19 at the workplace.
On the other hand, if your employer was careful and followed the necessary guidelines to keep you safe from COVID-19, you’ll most likely have to stick to a workers’ compensation claim instead. Workers’ compensation can help you stay afloat while you recover, but there are still a few hoops to jump through: You have to prove that you contracted COVID-19 while at work (or performing work-related activities). This means you have to have evidence of when and where you contracted COVID-19.
It can be tough filing for workers’ compensation while you struggle to maintain your health. Instead, you can contact Wieand Law Firm, LLC. to get the compensation you deserve.
Reach out to Wieand Law Firm, LLC.
COVID-19 is a dangerous illness that can put your life – and the life of your family, friends, and coworkers – at risk. When you’re battling to recover from COVID-19, the last thing you need is to be worrying about whether you can make next month’s rent, or pay off your car. You deserve workers’ compensation for your illness, and Wieand Law Firm, LLC can help.
Don’t let your COVID-19 diagnosis make your life any harder than it already is. Reach out to Wieand Law Firm, LLC and see what a Philadelphia, PA workers’ compensation lawyer can do for you.
Suppose you are injured while on the job. You may have a workers’ compensation claim. Workers’ compensation insurance covers medical expenses that result from the injury. If the damage is severe enough to cause you to miss work or need long-term medical care, the coverage can pay for lost wages and ongoing treatments. Workers’ compensation claims can involve thousands or even millions of dollars. Severe cases call for the services of a competent and experienced workers’ compensation lawyer at Wieand Law Firm, LLC who can protect your interests.
When You Might Not Need a Lawyer
If the workplace injury is minor and your employer takes full responsibility, you may be able to manage your case on your own without legal counsel. Here are some characteristics of circumstances that may not require a lawyer.
- Your injury is minor enough to require a short recovery time.
- Your employer acknowledges that the damage was work-related or happened while you were on the job.
- Your injury did not cause you to miss significant time at work.
- You don’t have a history of injuries to the same area of the body as the new injury.
When You Need a Lawyer
Even if your case seems simple enough that you don’t need a lawyer, be aware that things can change quickly. If any complications arise, you should contact a workers’ compensation lawyer in Philadelphia, PA immediately. Here are some of the issues with which a lawyer might be able to help.
- Sometimes employers deny workers’ compensation coverage or move very slowly on your claim. a lawyer can help you get the benefits to which you are entitled promptly.
- Work-related injuries may keep you from going back to work, either at your former job or at all. This situation is called partial or total disability. Employers may offer settlements in these cases. Without legal counsel representing you, the employer may propose a settlement that is far too low. a lawyer can keep you from agreeing to something unfair to you.
- If your injuries render you unable to return to any work, you can apply for Social Security disability. The interplay between workers’ compensation benefits and disability payments is complicated. You need a lawyer to draft the workers’ compensation agreement to reduce your disability payments.
Where Can I Learn More?
If you get injured on the job, most employers must carry workers’ compensation insurance to cover any related expenses. These cases can be complicated. Seek the services of an experienced and knowledgeable workers’ compensation lawyer at Wiend Law Firm, LLC to be sure your rights are protected.