Media Pennsylvania Workers Compensation Lawyers
If you are injured on the job in the Media, Pennsylvania area, you are most likely entitled to workers’ compensation benefits under Pennsylvania workers’ compensation laws. These benefits typically include a percentage of your average weekly wage as well as medical coverage. Additional awards may be available for workers who suffer permanent disabling or disfiguring injuries. To discuss your workers’ comp claim and determine exactly what benefits you are entitled to please contact our team of Media Pennsylvania workers compensation lawyers.
The majority of workers’ compensation claims are denied initially. If your claim is denied, you may work with an attorney to appeal the denial. The Media Pennsylvania workers compensation lawyers at Kenneth R. Schuster & Associates, P.C., represents injured workers in Southeastern Pennsylvania. This includes Bucks, Chester, Delaware, Montgomery and Philadelphia Counties. Your employer’s insurance carrier will have experienced lawyers working to protect the company from risk and expense. You should have an experienced Broomall workers comp attorney to protect your rights and maximize the workers’ comp benefits you are entitled to receive. For a free consultation, please call us in the Delaware County and Greater Philadelphia area at 610-892-9200 or contact us online.
Workers Compensation Law Eligibility
Protecting Injured Workers in media Pennsylvania
When workers are injured on the job in the Media, Pennsylvania area Pennsylvania workers’ compensation laws provide coverage for medical benefits, wage-loss replacement, specific loss awards for permanent disability and disfigurement. These same laws can call for death benefits for dependents of the deceased worker. Obtaining workers’ compensation benefits in Media, Pennsylvania can be a lengthy, complex process, however. The regulations are confusing and your employer’s insurance carrier will work hard to limit the company’s expenses and the benefits you are entitled to.
At Kenneth R. Schuster & Associates, P.C., our Media Pennsylvania workers compensation lawyers can assist you with workers’ compensation denials. As experienced trial lawyers, we have the skill to negotiate or litigate your Media workers’ compensation claim. We can also answer your questions about qualifying for benefits. To schedule a free consultation, please call our Media workers’ comp law office at 610-892-9200.
Disability Benefits Qualification
The first step in receiving workers’ compensation benefits is to correctly file your claim. There are strict deadlines for filing. For an injury caused by an accident, you should notify your employer within 120 days of the accident. Occupational diseases must occur within 300 weeks of the last date of employment in the job that caused the disease. Claims must be filed within three years from discovering the disease.
The majority of Pennsylvania workers’ comp claims are initially denied. If your claim was denied, don’t give up. In most cases, our Media PA workers’ compensation lawyers are able to determine the problem with the claim and work to resolve it. The problem can often be resolved by submitting the correct accident information and medical evidence. We understand Pennsylvania workers’ compensation law and know what type of information the state workers’ compensation board requires.
Our team of Media Pennsylvania workers compensation lawyers are dedicated to helping injured workers get the workers’ compensation benefits they need. Being out of work and unable to support your family is a frustrating experience. Our Media workers’ comp lawyers strive to reduce your stress and make the claims and appeals processes easier. For a free consultation, please call 610-892-9200 or contact us online.
First Steps When Filing a workers comp Claim
- Immediately report your injury to your employer and supervisor. State law requires notification within strict timelines. If an injury occurs over time (such as a disease or illness), you must report your condition as soon as it is diagnosed and you are told it is causally related to your work. Then complete the employer’s claim form describing your injury and how it occurred. Save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your claim.
- Keep an independent record of the date, time and nature of your work injury. Make a list of witnesses as well as the person to whom the injury is reported.
- Provide a complete and accurate account of the injury and how it occurred, as well as your past medical history.
- If your employer fails to accept your claim within 21 days of notification, seek legal counsel so we may file a petition for compensation.
- Should your employer accept your injury claim, be certain that the wages upon which your compensation is based are accurate.
- If your employer or the insurance company asks you to see another physician, seek legal advice immediately. This can be your employer’s first step in an attempt to terminate your compensation or modify your benefits.
- Should you receive a petition in the mail to terminate, suspend or modify your compensation, do not sign it. Seek legal advice first.
- Never sign a supplement or final agreement without having it reviewed by an attorney.
Suing Your Employer In Pennsylvania
Understanding Workers’ Compensation Exceptions
The Pennsylvania Workers’ Compensation Act provides medical coverage, wage-loss benefits and other compensation for nearly all employees in the state. Workers’ compensation is meant to be your exclusive remedy for workplace injuries, illnesses and deaths. In most cases, you are not allowed to sue your employer or coworkers directly for negligence resulting in your injury.
However, it is important to realize that there are exceptions to this rule. It is best to discuss your claim with an attorney to determine whether an exception applies to you. For a free consultation with a workers’ compensation lawyer, please call the Media Pennsylvania workers compensation lawyers at Kenneth R. Schuster & Associates, P.C., at 610-892-9200 or contact us online.
When Can You Sue Your Employer?
The most notable exception to the rule occurs if your employer failed to maintain state-mandated workers’ compensation insurance. By failing to comply with the requirements of the PA Workers’ Compensation Act, the employer loses the immunity that the Pennsylvania Workers’ Compensation Act grants from separate injury or wrongful death suits.
If your employer does not carry workers’ compensation coverage and is not self-insured for workers’ comp, you may be eligible for benefits provided by the Uninsured Employer Guaranty Fund. We can help you identify additional sources of potential compensation after we have discussed the details of your accident or occupational disease.
Harassment Upon Returning to Work
You Have a Right to File a Workers’ Comp Claim
Federal law prohibits discrimination by employers on the basis of a worker’s participation in employee rights programs such as workers’ compensation. Additionally, employers are prohibited from wrongful discharge or disciplinary actions against employees who make complaints about the discrimination or harassment of their coworkers.
Retaliatory discharge and adverse actions against employees who make complaints or participate in employee rights programs are illegal. Your employer cannot fire or discriminate against you for filing a workers’ compensation claim or providing evidence for a coworker’s claim. If you experienced such harassment upon returning to work, you do not have to take it. To schedule a free consultation with one of our Media Pennsylvania workers compensation lawyers, please call Kenneth R. Schuster & Associates, P.C., at 610-892-9200.
You Have Job Protection Under Pennsylvania Law
Workers’ compensation laws’ in the Commonwealth of Pennsylvania as well as federal employment laws and labor laws prohibit employers from retaliating against public and private sector employees who:
- File for workers’ compensation
- Report safety violations
- Participate in workers’ comp investigations or lawsuits
Retaliation may include activities such as wrongful termination, breach of employment contract or severance agreement, and denial of health benefits, disability benefits and pension benefits.
Your employer must also follow regulations about the type of work you are given when you return after an injury. If you an unfairly put on light or restricted duty or made to return to work before you have fully recovered, you may be able to take action against your employer.
If Your Employer Does Not Have Workers Comp Insurance
Unfortunately, sometimes Pennsylvania employers do not maintain their workers compensation insurance. Like other insurance policies missing payments can result in the policy being canceled. In other situations employers may not carry the insurance at all due to negligence. Both of these situations are illegal but there is hope if you have suffered a workplace injury and your employer does not have workers’ compensation coverage.
As of November 9th, 2006 The Commonwealth of Pennsylvania, like many other states, offers an Uninsured Employer Guaranty Fund (UEGF). This is a fund that allows injured Pennsylvania employees and workers benefits and financial compensation for their on the job injuries.
Filing a claim under these circumstances is slightly different than a traditional workers’ compensation claim and should only be handled by an experienced workers compensation attorney. Please contact our Media Pennsylvania workers compensation lawyers to discuss how we can assist you with getting you the benefits and financial compensation you deserve.
Contact our media workers comp lawyers Today
If your Pennsylvania workers’ compensation claim was denied, our Media Pennsylvania workers compensation lawyers will thoroughly review your application free of charge. From there they will determine the reason for the denial. To schedule a free consultation with our Media, Pennsylvania workers’ compensation lawyers, please call 610-892-9200. They charge no legal fees of any sort if they do not recover on your behalf.
Our Media Pennsylvania workers compensation lawyers serve injured workers throughout the entire Philadelphia 5 county area including Ambler, Aston, Avondale, Audobon, Chadds Ford, Chester, Cheltenham, Coatesville, Conshohocken, Broomall, Upper Darby, Springfield, Doylestown, Philadelphia, King of Prussia, Plymouth Meeting, Pottstown, Malvern, West Chester, Wayne, Lima, Blue Bell, New Hope and Norristown.