Construction sites are particularly dangerous work environments for employees. If you have been injured during work at a construction site, you may likely be eligible for workers’ compensation law to protect you.
In Philadelphia, this depends on your employment status and the extent of your injuries. Once you file, a short assessment is made of the accident so your Philadelphia workers’ compensation lawyer can determine the extent of the employer’s liability.
Who Is Liable?
Employers aren’t the only ones who might be liable for your injuries as the result of an accident. Liability could lie with third parties, such as property landlords or equipment manufacturers. In these cases, you are not covered by workers’ compensation.
Your employer may also be violating OSHA safety regulations which resulted in your accident and subsequent injuries. In addition to filing a workers’ compensation claim, you may also be able to file a personal injury claim against your employer’s insurance company. Make sure you are aware of your rights as a worker and you enlist an experienced work accident attorney to assist you with your case.
What Do I Do in Case of an Injury?
In the event of an accident at work, report the accident to your employer immediately. It is best to do so in writing and retain a copy for yourself. Fill out a claim form, which should be promptly provided by your employer.
This form is what may entitle you to benefits. Fill it out specifically and accurately and give it to your employer while keeping a copy for yourself. Your employer should then immediately notify their workers’ compensation insurance company.
You need to file the claim as quickly as possible. Those seeking to claim workers’ compensation benefits must do so quickly. Any delays on your part can likely slow or delay your claim and provision of benefits.
If your employer does not provide you with a form or does not file it, reach out to a Philadelphia accident lawyer to make sure you are rightfully protected.
What are My Workers’ Compensation and Entitlements?
including medical expenses and lost wages. Every business in Pennsylvania must carry workers’ compensation insurance to provide benefits in such cases. As an injured party, you may be entitled to medical care, disability, or vocational rehabilitation.
An injured party under workers’ compensation is entitled to all necessary treatment to address and treat the injury. This can include compensation for medical bills, on-going medications, and even roundtrip mileage to and from the doctor. In some cases, a company doctor may be provided for the injured party, but after 30 days, you may request a new doctor in writing.
To qualify for disability, you must be unable to do any related work due to your injury. You may be granted partial or permanent disability as well, helping you recover lost wages from time you are unable to work. In the case of partial disability where the inability to work lasts up to 500 weeks, the employee is paid two-thirds of their weekly wage paid every two weeks. These weeks do not have to be consecutive.
If the injury causes permanent damage, and the individual is unable to work in the same capacity, they may be granted permanent disability. The amount paid to the employee, in this case, also depends on current salary, as well as factors such as age, trade, and the extent of the inability for the employee to perform. In these cases, you may need help filing for Social Security disability benefits.
In cases where an employee cannot ever return to their job, benefits may include assistance in procuring another profession. These benefits usually come in the form of a bi-weekly check up to a certain total amount, or by an offer for other work by the same employer.
Who do I Contact about my Workers Compensation Claim?
Having to file a claim for workers’ compensation can be challenging to understand and feel overwhelming. To make sure you are adequately protected and getting the right benefits from a job accident in Philadelphia, contact the Law Offices of Joel J. Kofsky at (215) 735-4800 today.