Workers’ Claims in Delaware County
Workers’ compensation is a form of no-fault insurance designed to help people who sustain workplace injuries or contract an occupational illness. Under the Pennsylvania Workers’ Compensation Act (the Act), qualified workers will receive workers’ compensation benefits regardless of who was at fault for the accident. At Larry Pitt & Associates, P.C., our workers’ compensation lawyers in Delaware County have over 35 years of experience with all types of Pennsylvania workers’ compensation claims and can help you through every step of the process.
Eligibility for Workers’ Compensation Benefits
Most Pennsylvania employees are covered by the Act, including full-time, part-time, and seasonal employees. However, there are certain workers not covered under the Act, such as longshoremen, railroad workers, and federal employees. Nearly all Pennsylvania employers are required to carry workers’ compensation insurance and are encouraged by the Pennsylvania Department of Labor & Industry to strive for an injury-free workplace. Unfortunately, millions of workers are injured in workplace accidents each year.
Filing a Workers’ Compensation Claim
As a Pennsylvania employee, you are required to give your employer notice of your injuries within 120 days of your accident. On the initial report, you should include the date of the injury, where the accident occurred, and a description of each injury. If you give notice of the injury within 21 days, you will be eligible to receive workers’ compensation benefits after being out of work for seven days.
It is imperative for injured workers to seek medical treatment as soon as possible and follow the doctor’s orders regarding treatment. It is also important to document your injuries, treatments, medical bills and how the injury is affecting your life in detail.
Upon receiving an initial report, employers are required to immediately report all injuries to their insurer and file a First Report of Injury for injuries resulting in loss of time from work to the Bureau of Workers’ Compensation. Employers may initially deny applications for several reasons, including if the employer believes the claim is fraudulent, if incorrect or inadequate information was submitted regarding the injury, or if the employer questions the severity of the injury.
Appealing a Denied Workers’ Compensation Claim
If your employer initially denies your claim, you can appeal the decision within three years from the date of your injury by filing a Claim Petition with the state Bureau of Workers’ Compensation. Your case will then be decided by a workers’ compensation judge. If it is again denied, you may then appeal to the Pennsylvania Workers’ Compensation Appeal Board within 20 calendar days of the judge’s decision. If that is also denied, you can appeal to the Commonwealth Court and then to the Pennsylvania Supreme Court. It is important to follow all directions to give yourself the best chances of being approved, and highly recommended to have a skilled work injury lawyer represent you to increase your chances of a successful appeal.
Types of Workers’ Compensation Benefits
If you were injured at work, you may be entitled to workers’ compensation benefits, including payment for medical bills, temporary disability, permanent disability, vocational rehabilitation, and lost wages. If your loved one was fatally injured in a workplace accident or from an occupational illness, you may be entitled to death benefits.
Delaware County Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Assist Workers Through the Pennsylvania Workers’ Compensation Process
If you were injured in a workplace accident, contact our Delaware County workers’ compensation lawyers at Larry Pitt & Associates, P.C. We have over 35 years of experience representing clients in Delaware County and the surrounding areas. For a free consultation, call us at 888-PITT-LAW or complete our online contact form.
We serve clients in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, and Philadelphia County. Our team also provides skilled representation to those residing in and around Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester, and Wynnewood.