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:
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:
The most common reason workers’ compensation claims are denied is that there isn’t enough medical evidence to prove the claim. A workers’ compensation lawyer in Philadelphia, PA can help you gather evidence in several ways:
Most people have no idea whether the insurance company is offering them a fair settlement on their workers’ compensation case. Working with a workers’ compensation lawyer in Philadelphia, PA can help you ensure that you do not accept a settlement offer that is too low based on the facts of your case:
An attorney at Wieand Law Firm, LLC understands how the insurance company operates and knows how to work with adjusters to get you a fair settlement. Insurance companies are more likely to take your case seriously if you are working with an attorney.
An attorney can also make sure your settlement agreement is written in a way that doesn’t have potential future consequences, such as reducing the amount of benefits you may receive from Social Security disability.
If you are not able to settle with the insurance company, your case will proceed to a trial or administrative hearing with a workers’ compensation judge. An attorney at Wieand Law Firm, LLC can help you with interviewing witnesses, doing legal research, requesting medical records, writing pleadings and keeping track of deadlines. Your attorney will also present your case to the judge, examine witnesses, raise objections and make opening and closing statements. Your attorney can help you appeal your case if you are not satisfied with the outcome.
Depending on the facts of your case, you could have a personal injury claim in addition to your workers’ compensation claim. You may also be eligible for other benefits, such as Social Security disability, long-term disability insurance benefits or short-term disability benefits. Your attorney can help you identify these additional potential sources of compensation.
Your supervisor needs to know as soon as possible after your accident that it caused you an injury. If it’s not possible because of the degree of your injury, you have up to 120 days to inform your supervisor in Pennsylvania. Other state statutes may be different. Your report about this injury can be verbal or written.
Make note of any co-workers who may have been in the vicinity when you were injured. As soon as possible, write down their names or vivid descriptions if you don’t know their names. Your workers’ compensation lawyer in Philadelphia PA, may want to speak with them about the accident.
If you require immediate medical care, go to the nearest emergency room. Otherwise, you have 90 days to see a company-approved health care provider. This list has to be posted where you can see it. If you need care that none of the company-approved providers offer, you’re allowed to see a specialist who’s not on the list. This may vary from state to state.
Your employer’s insurance company’s lawyers may send private investigators to watch you to see if you’re really as injured as your workers’ compensation claim says you are. If you so much as carry in a bag of groceries, that could be construed as evidence that you’re fine. Your workers’ compensation lawyer in Philadelphia PA, may have more guidelines for you to follow.
Keep a copy of your doctor’s note on you at all times. If you go back to work on modified duty, you’ll need to show that note to anyone who asks you to do something you’re not cleared to do. For example, your doctor may not want you lifting anything heavier than five pounds. Your supervisor can’t write you up for not moving boxes of files that clearly weigh more than that.
In workers’ compensation, there is no need to prove fault. All you have to prove is that you were injured at work. Your workers’ compensation lawyer in Philadelphia PA, from Wieand Law Firm can give you more information about not assigning fault.
Your employer’s insurance company claims adjustor may want you to give a recorded statement. Don’t do it. Your Wieand Law Firm attorney may advise you on how to give a recorded statement, but they could warn you about the dangers of potentially saying something that could invalidate your claim.
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.
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.
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.
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.
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.
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.
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.
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.
Most people know that businesses must carry workers’ compensation insurance to cover their employees in the event of an injury. Nevertheless, there are currently many misconceptions about workers’ compensation benefits.
Even if you caused the accident, you can still be eligible for workers’ compensation benefits. However, if you had drugs or alcohol in your system at the time of the incident, your workers’ compensation claim will likely be denied.
Some employees believe they can be dismissed for filing a workers’ compensation claim. Firing a staff member for pursuing a workers’ compensation case is illegal. If you fear you could be terminated for bringing a claim, consult a workers’ compensation lawyer in Philadelphia, PA such as Wieand Law Firm, LLC.
Some employees fail to file workers’ compensation claims because they mistakenly believe they must be physically present at their place of work in order to be eligible. This is a common misunderstanding. The reality is that if you were conducting job-related tasks at another location, you can still be eligible to receive workers’ compensation benefits.
Many workers call on their primary care physician to care for their work-related injuries without giving it much thought. This is an error. Most employers have a list of approved physicians for injured employees to see for treatment in workers’ compensation cases. If you are unsure of your rights, speak with a workers’ compensation lawyer in Philadelphia, PA.
Each state has a deadline for workers’ compensation filings. In Pennsylvania, the deadline is 120 days to inform your company about an injury. If 120 days pass and you have not provided notification, you will be ineligible to collect workers’ compensation benefits.
Workers’ compensation only covers medical bills and lost wages incurred as a result of a work-related injury; pain and suffering are not included.
You may believe that all workers’ compensation cases are fairly straightforward, and this is the case for some of them. Contrarily, other situations can be complex and could benefit from the advice of a workers’ compensation lawyer in Philadelphia, PA. Consider Wieand Law Firm, LLC in your search for an attorney to help you through this difficult time in your life.
If you were injured on the job and wish to file a workers’ compensation claim, it is wise to have a workers’ compensation lawyer in Philadelphia, PA on your side. A lawyer will improve your chances of receiving fair compensation and protect your rights. Here are a few important qualities to look for in a workers’ comp lawyer.
A workers’ compensation lawyer in Philadelphia, PA from The Wieand Law Firm, LLC knows that many employees often don’t know what to do after being injured on the job. Many injured workers aren’t sure who to call, or what questions to ask. Being injured while on the job can be a scary experience. However, the more prepared that you are, the more likely you will have a successful workers compensation claim that covers all of your losses sufficiently.
Many people don’t realize that they can benefit from having a lawyer to watch out for their best interest as their worker’s compensation claim is being processed. Here are questions that many Injured workers have when meeting with their lawyer:
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.
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.
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.
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.
You must report your work injury as soon as possible. Depending on what state you live in, you may only have a certain period of time to report the injury to your employer. Notifying your employer of the injury is the first step in the workers’ compensation process. In fact, it is essentially one of the most vital steps when filing a claim. After notifying your boss about the workplace accident, he or she should offer to have you visit a doctor the very same day. It is in your best interest to accept this offer and be seen by a doctor so you can get treatment if needed.
In every state, there are regulations and laws that prohibit an employer from retaliating against or firing an employee for submitting a worker’s compensation claim. Employers may be concerned about losing money because of the injury accident, and may attempt to let the employee go so they can avoid paying them. Or, an employer may purposefully cause a hostile work environment, or take other negative actions, as a way to punish them for using workers compensation benefits. Examples of workplace retaliation that a Philadelphia workers’ compensation lawyer in PA may have handled before include:
It is important to note that not every employer is going to be obvious when engaging in workplace retaliation. It may be subtle, or they may lie in order to fire you and make it seem like it was for another reason. The best way to know whether you are the victim of workplace retaliation is to visit a lawyer so they can protect your rights during this time. Don’t hesitate to contact a Philadelphia, PA workers’ compensation lawyer from The Wieand Law Firm, LLC now for assistance.
While our traditional concept of workers’ compensation relates to an injury you received at your place of employment, those places of employment are no longer so traditional these days. More employers than ever are offering flexible options to work from home, and some are even marketing work-from-home as a perk to attract talent. An employee’s workplace might be the family living room, an RV parked on the beach, or anywhere else with good internet access.
If an injury occurs while you are completing job-related tasks at home or at your remote office, you may still be eligible for workers’ compensation. Laws can sometimes be difficult to fully understand though, so you should seek advice from the Wieand Law Firm, LLC at the beginning of any claims process.
No one wants to experience a painful injury, whether working in the office, at home, or anywhere else. Typically, employees who work on-site are subject to workplace safety guidelines and procedures. If your employer is offering an option to work from home, they likely are extending some of those same procedures to your home office in order to help keep you safe and avoid their own liability.
For instance, home offices may not be designed for regular ergonomic use. Your worn, comfortable couch is not designed as a day-long office seat, so you might experience repetitive stress or strain from a less-than-appropriate working position. Your employer might aim for safer conditions by issuing home office recommendations, providing a budget for approved home office purchases, or even inspecting home offices remotely.
Most states abide by a personal comfort doctrine. Brief trips to the bathroom or to refresh your coffee are still considered part of the course of your work. So, if you trip and fall while preparing your lunch, or if you strain your neck while sorting files, you may be eligible for workers’ compensation. However, if you slip on the steps while taking your dog for a walk, this might be a harder sell.
Doctors are reporting increased neck pain, back pain, and musculoskeletal issues as more employees are working from home. The burden of proof falls on you as the employee. However, if you are able to document and explain how your injury was work-related, you are likely eligible for a claim.
The process of filing a claim will be very similar to what would happen if you were injured at the office. You need to report the injury to your supervisor and document all details of the injury including information about your medical care. Your employer’s insurance provider will likely conduct an investigation.
If you have questions about workers’ compensation related to your work-from-home injury, seek advice from an experienced workers’ compensation lawyer in Philadelphia, PA from the Wieand Law Firm, LLC.
According to the U.S. Bureau of Labor Statistics, there were 2.6 million work-related injuries and illnesses reported in 2021 (the latest year of data available) and a total of 5,190 fatal work injuries. Just under 40,000 of those work injury reports were made right here in Pennsylvania.
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