WORKERS COMPENSATION LAWYERS
WORKERS COMPENSATION CLAIMS
No one wants to get injured at work. A sudden accident can be devastating to a familys livelihood. If you have recently been injured at work and dont know what to do, you need to reach out to Joel Kofsky, one of PAs best workmens comp attorneys. You are entitled to workers compensation if you are hurt on the job. Let our premier team of Philadelphia accident attorneys help you settle your case.
Frequently, injuries received in the workplace are not sudden but, instead, due to repetitive strain or environmental factors. If your injury has happened over time and you are now unable to work or unable to work as much, you may still be able to get workers compensation benefits.Applying for or accepting workers compensation may be a necessity after an accident. Being injured on the job should not cause shame. In fact, millions of people have to apply every year. In 2013 alone, workers comp covered 129.6 million employees.However, it is important to get the application process started as soon as possible after the accident or initial diagnosis so you can start getting the help you need right away. The right team of PA injury attorneys can help you initiate the process.
How can the best Philadelphia injury lawyers help me with my workman’s comp claim?Workers Compensation (also called workmans comp) is a type of aid given to an employee when they become injured or ill on the job. It is also used to cover the funeral costs and additional expenses a family may face if their loved one dies on the job or from an accident or illness resulting from it. It may or may not be the employers fault. The benefits you receive cover medical expenses incurred due to the injury or illness as well as compensation for lost income.Anyone who suffers from a sudden accident like a slip or fall may be eligible. Injuries due to stress and strain, like carpel tunnel syndrome, are also covered by workers comp in many cases. Illnesses caused by the work environment are also covered by workers compensation.Eligibility requirements for various types of injuries and the kind of compensation you can receive for them vary by state. If you have questions about your state’s laws and policies you can contact it’s workers compensation office directly via the US Department of Labor Website
Can an accident attorney in PA help me determine if I am eligible to receive workers comp?Unfortunately, eligibility depends on a lot of factors. Based on your state, your employer may not be required to offer workers comp coverage.Farm workers, seasonal workers, independent contractors (freelancers), “casual” workers, workers employed by very small businesses (in most industries), and some other individual cases are usually ineligible. However, occasionally an employer will accidentally or intentionally label an employee as an independent contractor. If you are by every definition fully employed but were denied for this reason in the past, and it may still be possible to correct.Some states are required or allowed to provide workers comp for volunteers. In many states, if a volunteer receives anything for their work above maintenance or reimbursement they are considered a covered worker and are both eligible and required to provide workers’ compensation. However, what you received may be evaluated differently depending on your state. Both your attorney and state workmen’s compensation office should be able to help you determine your eligibility. This is why reaching out to our team of knowledgeable Philadelphia workers comp lawyers is beneficial to you.
SOME OF THE TYPES OF WORK ACCIDENTS WHERE WE CAN HELP
Workplace slip and falls
Safety is always strongly emphasized at the workplace because of the number of different things that could happen while on the job. Some jobs are more prone to dangerous situations than others, but there are safety hazards in almost every job. Guidelines to prevent injury are often posted in obvious places, and records are kept of how many workplace injuries have occurred.Even despite these efforts, however, slip and fall accidents make up the second leading cause of workplace injuries. Almost 14% of the direct costs from workplace injuries come from slip and fall accidents, not from the more publicized accidents like dangerous machines or falling off construction scaffolding. In addition to the direct costs, slip and fall accidents have also resulted in $65 billion in workers compensation payouts and other related medical expenses. These high costs are still being incurred despite the fact that increased safety measures have actually reduced the total number of workplace accidents in recent years.Slip and fall accidents often lead to serious injuries that actually slow down work production, because workers hurt in these accidents spend an average of eight days off of work, instead of the average six days off work that result from other workplace accidents. Around a third of slip and fall workplace accidents actually led to over three weeks of lost work days, demonstrating how serious these accidents can be. Slip and fall accidents also make up 20% of the disabling injuries that occur at the workplace and are the leading cause of workplace deaths, surprisingly enough.Most of the slip and fall accidents that happen at the workplace occur on level surfaces, meaning that many of them are the result of spills that have not been promptly cleaned up. Retail stores, wholesalers, and service industries account for most of the slip and fall accidents that happen on level surfaces.Employers also experience negative repercussions of slip and fall accidents. They spend around $40,000 on each slip and fall incident, and around 15% of workers compensation payouts pay for workplace slip and fall accidents.Given the dangerous kinds of injuries that result from slip and fall accidents, it makes sense that these accidents would cost a lot of money to take care of. Slip and fall injuries can include many different things, but the most common are bruises, bone fractures and breaks, head injuries, spinal injuries, and other wounds or injuries to the neck, legs, or arms. These injuries are often extremely painful and can be very serious. Head and spinal injuries are often the most serious, because hitting your head or hurting your spine can be disabling or even fatal in some cases.There are certain things to watch out for when youre on the job to help prevent a slip and fall accident. These include watching out for wet, oily, or slippery floors; uneven flooring that needs to be repaired; loose rugs or mats; snow or ice that has been tracked in; and clutter on the floor or in stairways and halls. Employers also can take certain steps to prevent these accidents as well. These can include training employees about safety; ensuring that proper non slip footwear is worn; keeping floors picked up and free of spills; making sure there are no loose boards or rugs on the floor; and putting up signs warning of spills or hazards as soon as the hazard is discovered.If you have been injured in a slip and fall accident on the job, get in touch with an experienced Philadelphia slip and fall lawyer right away. Because workers compensation claims can be difficult to understand, a skilled attorney will be an invaluable resource as you begin the process of trying to get compensation to cover your medical bills, lost wages, and pain and suffering.Even if you dont feel any pain right away, slip and falls can still result in injuries after the fact, like concussions or sprains that may not appear right away. It is actually very important that you treat your injuries, because you may lose your chance at compensation if you do not take care of your injuries. We have had many years of experience handling workers compensation cases in Philadelphia and across the state and always fight for our clients best interests.Any time you have slipped and fallen on the job, after you have treated your injuries, you should contact a lawyer, because you may have strong grounds for a workers compensation case. You should begin talking to us about your case as soon as possible, because there are often time limits for when you can file workers compensation claims. We will help you file the claim, locate and provide all the important information such as medical bills and records about the accident, and ensure that the settlement you are offered accounts for all of your bills as well as lost wages and pain and suffering.At the workplace, a lot can go wrong in terms of employee safety. Thats why standard safety practices are emphasized, prominent display boards tally how many days a factorys staff has gone without an injury, and supervisors are constantly telling workers to slow down and be careful.Surprisingly, in the midst of all of this concern for safety, slip and fall accidents on the same level are the second leading cause of workplace injury. A whopping 13.6% of all direct costs associated with workplace injuries ($6.6 billion in 2005, for instance) result from slip and falls, not trips down stairs or off scaffolding. In addition to the direct costs, an additional $65 billion was paid out in workers compensation and other medical costs due to slip and fall incidents.These figures are even more surprising when one considers that other causes of workplace injuries have slowed in recent years due to increased awareness, training and improvement of workplace conditions.All of these workers who slip and fall slow down overall productivity, spending an average of eight days away from work, more than those who are injured from other causes, who spend only six days off. Almost one-third of slip and fall injuries resulted in 21 or more workdays lost, an indication of the frequent seriousness of slip and fall accidents. These mishaps also cause more than 20% of disabling injuries on the job, and are the leading cause of death, as hard as that might be to believe.A full two-thirds of slip and falls occur on level walking surfaces, not falls from a height, as many would assume. The services, wholesale and retail trade industries were the primary sectors where these same-level slip and fall incidents happened.Finally, when the bottom line is considered, slip and fall accidents are no laughing matter to employers, who shell out $40,000 per incident on these injuries. A huge 15% of all workers compensation expenses are given to pay for slip and falls on the job.When you consider the types of injuries that can occur during workplace slip and falls, you can understand how the bills mount up quickly for employer and employee. From bruises, hip fractures and head injuries to spine, forearm, leg, ankle, upper arm and hand fractures, slip and fall accidents can bring on a lot of pain and suffering. When you factor in trauma to the head, which often occurs as falls are executed without any limbs extended to cushion the blow, you can understand why some workplace slip and falls can lead to incapacitation and even death.If you have suffered a slip and fall at work, dont hesitate to call a slip and fall lawyer to discuss how to pursue your case. The law can become quite complicated when workers compensation is figured into your accident, and such compensation might not cover all of your expenses, lost work time and pain and suffering.Contact a slip and fall attorney immediately after any fall at the workplace. Our staff is expertly trained in pursuing such claims with employers. We have years of experience that will be put to work for you so that you are never shortchanged after a slip and fall at work.In the meantime, note these common hazards (and avoid them) at the workplace:
- Wet, oily walkways
- Floor surfaces in need of repair, with holes and uneven portions causing problems
- Loose mats and rugs that are unanchored to the floor surface
- Spills of any kind on floors
- Weather hazards, such as ice, rain and snow
To guard against slip and falls at the workplace, employers should take care of the following:
- Employee training on the risks of walking in certain areas at work
- Consistent instruction and monitoring on proper footwear on the job
- Maintenance of all floors in clean and dry condition
- Elimination of any nails, splinters, holes or loose boards in floors
- Clearing of all aisles and passages through removal of obstructions
- Placement of mats and runners where traction is questionable due to contaminants and foreign?materials on floor surfaces
- Signs of warning placed immediately if a slip and fall hazard has been identified
If youve slipped and fallen on the job, act quickly to ensure access to workers compensation benefits. You must first seek medical attention for your injury, even if you dont think it is severe. If you wait to take care of your healthcare needs, it could become too late to get the benefits to which you are entitled. Go to the emergency room or make an appointment with a doctor for an evaluation immediately after a slip and fall incident.You also need to notify your employer of your injury, because deadlines for workers compensation claims could be as soon as three days after the accident. Keep track of your medical bills as you see healthcare professionals. Your employers insurance company will pay for those bills within a certain timeframe. There is the possibility that your expenses will go far beyond what workers compensation will pay, however
Industrial zones and occupations are dangerous, that is a fact. For instance, in 2015, 1 in 5 workplace fatalities was in the construction industry. With this figure, there are an average of 13 deaths a day. Most those deaths were from “common” workplace accidents: falls, being struck by an object, electrocution, and being caught or crushed by an object or piece of equipment.Given the high number of fatalities, you would expect an equivalent number of injuries. This is true. In the same year, well over 550,000 recordable cases of injuryoccurred in the industrial sector. If you have been injured, or a loved one has been killed, you deserve to be compensated for any medical expenses or other damages. First Steps After the AccidentBefore anything else, take care of your health. Make sure to take whatever steps necessary to get the medical help you need right away. If you were injured in any industrial accident, there are systems in place to take care of those medical bills so do what you need to do to stay healthy. Once you are in a stable place, then you should contact an attorney for a consultation. Before you go, write down any details about the accident that you can remember, the sooner you do, the less likely it is that you will fail to mention a necessary detail. How to Know When You Have a CaseIf you were injured in an accident involving a job site or industrial workplace, the chances are high that you have a case of some kind. You may have been a worker at the site or a bystander, but that doesn’t change the fact that these areas are incredibly dangerous. Whether it was a construction site, a mine, or a factory- accidents are expected to happen. Measures are always taken to prevent these accidents, but with the high level of risk involved in these endeavors, there is always the chance that something could happen. Because of this, systems are in place to compensate anyone harmed in an industrial accident. To find out exactly what you may be paid, it is important to consult a qualified attorney. Though these types of accidents are called “industrial,” the category may include accidents that take place on farms or that were the result of minor types of construction or repair work as well. These include but are not limited to the fields of carpentry, utility repair, and in some cases transport accidentsIf you do happen to sustain an injury while working at an industrial site but happen to be working a job in conjunction with another agency or employer, take the time to consider if this was a factor in your injury. It’s not uncommon for mistakes to be made during a collaborative project. Communication, especially during hurried jobs, can be lacking. Was the incident caused by something your employer was involved with or was it a combination of circumstances? These questions and their answers can help determine liability, as discussed in the following section. Workers’ Comp and Liability ? Knowing What Type of Claim You HaveDepending on the how and why behind your injuries you may have either a Social Security or Disability claim, a workers’ comp claim, or the need to file a personal injury lawsuit. In some cases, you may need to file for more than one type of compensation depending on the factors involved. Be prepared to answer the following questions during the claims process:
- What are your injuries and how did you sustain them?
- Were you hospitalized? For how long?
- Do you have a witness of the accident or other evidence?
- Has there been permanent damage to your health?
- Can you continue working? When do you expect to be able to return to work?
- Do you or does your doctor foresee future health complication because of this accident?
- Who, or what, was at fault?
- Do you believe any equipment involved may have been defective?
As you can see from the questions above, the extent of your injuries and how you sustained them will be the critical factors in deciding how you receive compensation. If you haven’t done so already, it is important to review and write down any details you may remember as soon after the accident as possible.How an Attorney Can Help Above all, with an attorney on your side, you can rest assured that you will get the maximum amount of compensation that you deserve. Of course, this also assumes that you choose a qualified attorney- someone who has had a case like yours before and knows the ins and outs of the industrial accident claims process. When you go into a lawyer’s office for a quote, don’t be afraid to ask questions. You have a right to be there and to know exactly what the attorney you may be about to hire will do for your case. They should also be able to tell you how strong your case is or could be, and about how long you should expect to wait before receiving compensation though there are some factors that could extend this estimate. ?Having someone who knows what your case should be worth can be invaluable. You may not be offered the maximum amount of compensation up front. Negotiation may need to take place and an attorney who is on your side, who you chose rather than someone that was assigned to you, will fight for your best interests. If you are worried about cost, ask if your case can be taken on the contingency that compensation will only be awarded if your case is won. In many cases, this is the only way an industrial accident attorney will charge you. A small percentage of your compensation will go to them as you are paid. When A Loved One or Family Member was Hurt or KilledIn the case of a fatality, the family can still receive compensation under most circumstances. As this situation adds a layer of complexity, it is important to contact an attorney to find out your exact rights. These rights may vary when you take state law into account. Factors that may influence the outcome of this type of case may include the type of injury, where the liability for death lies, your relation to the deceased, and how circumstances have changed with their death. These factors may also modify the statute of limitations you have for filing, depending on your state. If you are a direct relation or spouse, there is a good chance that compensation will be awarded provided you act quickly and consult with a qualified attorney familiar with the law as it pertains to this given situation. The loss of a loved one is hard, especially if they were the primary breadwinner. In many areas, there are systems in place to support and compensate any family that has been left behind. Getting the Most for Your SituationIn every case, it is important that you and your attorney look at the bigger picture. This isn’t just about the pain and suffering you may be feeling now but also about how these injuries will affect your life in the future. If you are in pain or feel like the stress of filing for compensation is too much, enlist the help of a trusted friend or family member to help you find an attorney. When you are sick, injured, or otherwise not feeling your best it can be hard to make difficult decisions. Having a strong support network now is the best thing you can do for your future. When considering which attorney to use, choose someone with experience or specialization. Always ask as many questions as you need to, to feel comfortable. Act soon because, depending on your situation, you may only have as little as 3 to 6 months to file your claim or suit.
Electricity is an essential part of modern life. We use it to power all of our devices, amenities, and luxuries. As such, it is a very powerful force. But where there’s power, there is also the potential for danger, and that danger is around us at all times.Electrical burns can cause severe damage to the affected area and strain the heart, organs, and even the brain. A severe electrical burn can even cause death. Thus, it is important to know what constitutes an electrical burn and what you should do if you’ve been the victim of an electrical burn accident.Electrical Burn Accidents Overview The first decider between an electrical burn and a regular burn is that electricity is the direct cause of an electrical burn. This may seem obvious, but the line gets blurred in incidents where burns are caused by an electrical device. For example, a burn caused by contact with the surface of an electric iron is not an electrical burn. But, if the wire that connects the iron to a wall outlet was frayed and caused an arc of electricity that touched someone and caused harm, that’s an electrical burn.Electrical burns are most common on construction job sites, where the risk of coming into contact with a live, exposed wire is highest. That said, there are many potential causes of electrical burns that include, but are not limited to touching electrically live objects, short circuiting, coming in contact with electrified water, inserting fingers into a live socket, etc.The statistics surrounding workplace electrical burn accidents are pretty astounding:
- Between 1992 and 2010, there were over 5,000 electrical-based fatalities at the workplace
- The most common cause of workplace injury as a result of electricity is coming in contact with live, overhead power lines
- Fatal electrical burns and electrocution make up for 4% of all workplace fatalities
- The construction industry is responsible for 52% of all electrical fatalities
Electrical Burn ClassificationsLow Voltage Burns: Voltage becomes a big differentiator in electrical burn accidents. If the device that caused the electrocution was fewer than 500 volts (low voltage), then it is harder to recover damages because the potential burns caused by equipment of this voltage is too low to be considered severe and debilitating.High Voltage Burns: ?These electrical burns are usually caused by direct contact with a high powered current that will cause physical damage to the affected area. High voltage burns even have the power to burn layers of skin tissue beneath the surface. High voltage includes devices over 500 volts. Arc Burns: Electricity often acts erratic in the form of arcs. An arc burn doesn’t necessarily have to come in direct contact with the skin because these currents travel through electrified air particles. Arc burns can be severely damaging because they emit temperatures of 4,000 Celsius, enough to cause clothing to catch fire. Arc burns are also dangerous because of the unpredictable nature of how the current passes through the body. An arc burn could span across multiple parts of the body and cause more than one burn.Flash Burns: When an arc burn does come in direct contact with the skin, it’s known as a flash burn. Because of the high intensity of heat, this can cause severe surface burns in mere moments. The one upside to flash burns is they typically only affect the surface of the skin and don’t do damage to deeper layers of tissue.Flame Burns: These burns are caused by actual flames that are a cause of electricity arcing and igniting an area or object. Thus, they aren’t any different from a typical burn, aside from their root cause being electricity.Oral Burns: Most often seen in small children, oral electrical burns occur when someone bites or sucks on an active electrical wire. Because the power is coming in contact with the mouth, the risk of shocking the brain is greater because it’s in close proximity to the source.If you’re the victim of an electrical burn accident, knowing what type of burn is critical information that demonstrates both the severity of the damage, as well as the potential cause of the burn, which can help identify if there was negligence involved in the accident. Proving Liability in An Electrical Burn Accident CaseIf you have suffered an injury because of an electrical burn accident, it is important to know if you can file a claim and recover damages and, if so, how to follow the correct steps to ensure those damages are recovered. There are a lot of variables and complexities that can make the process confusing.Ultimately, what most electrical burn cases hinder on is what the root cause of the accident was and whether there was any negligence involved that contributed or caused the problem. Negligence may fall on a property owner who didn’t properly maintain wires or knowingly had exposed live wires. It could also be the manufacturer or installer of an electrical device where a defective part caused the product to become dangerous and electrified.First, you have to be able to prove that your injuries were caused by an electrical arc or malfunction. Next, you have to demonstrate that someone’s negligence contributed to the conditions that caused the electrical burn. Again, this is often a property owner that didnt properly maintain the wiring of their building. However, for work-based electrical burns, negligence could be on the company for not providing employees with the necessary training they needed to handle electrical equipment and avoid electrocution.It isn’t always easy to determine negligence, which is exactly why hiring the right Philadelphia electrical burn injury lawyer is crucial. They will not only advise you on whether you have a potential for a claim or not but also put you in contact with electrical burn specialists that will help you assess the extent of your damages and provide expert testimony.Arguably, the hardest component of electrical burn cases is determining what the damages are, even more so than proving negligence. This is because some of the effects of an electrical burn are not immediately apparent and there may be long-term issues that dont manifest until years later. For example, research suggests that, even if there isnt a visible burn, the victim may still suffer from extended muscle pain, fatigue, poor balance, memory problems and more.Additionally, electrical burns can often cause damage to the deeper layers of tissue. Thus, the surface damage might not reflect the actual scale of the burn.Call a Philadelphia Electrical Burn Injury Attorney TodayIf you or a family member have been the victim of an electrical burn that was caused by workplace or property maintenance negligence, malfunctioning equipment or other, similar causes, it is critical that you get the right legal help. Many of the potential effects and injuries of an electrical burn are hard to measure or prove that they were caused by an electrical accident. This is why consulting a medical specialist is imperative in a successful accident claim. With this right collection of legal and expert help, you’ll have little problem identifying the cause of the electrical burn accident, determining who is at fault for the accident and what extent the damages are.
Frequently Asked Questions are:
How much will your team of trained injury lawyers help me recover in lost wages?
In nearly every case, victims receive medical benefits. These benefits cover the total cost of the ill or injured employees health care costs. Only 1/4 or less of employees covered by workers comp receive cash wage replacement or a lump sum due to the temporary nature or successful treatment of their condition. Cases in which the employee receives cash payments include temporary total disability, temporary partial disability, and permanent partial or complete incapacity. The amount received depends on the state in which the injury occurred, recovery time, the severity of the injury, and many other factors.It can be difficult to estimate how much you will receive but a good rule of thumb is that if you are, even temporarily, completely unable to work (even in a reduced capacity) for longer than a seven-day period, you may receive up to 2/3 of your wage at the time of injury.Eligible dependents are also granted death benefits. Eligibility varies by state and may be either a lump sum to cover final costs like funeral expenses or include temporary cash payments to make up for some lost income.You can find out more about the benefits you may be eligible for on this page of the Social Security Administrations website or by contacting the office of Joel Kofsky, Philadelphias best injury lawyer.Cheating or malingering is a common problem for workers compensation programs. If you choose to accept benefits, an insurance agent will regularly visit you. As long as you have a legitimate illness or injury, follow the proper deadlines and procedures, and dont try to extend your benefits unless you can prove your injury has worsened, you will most likely be minimally inconvenienced by these checks.
Can your workers comp law firm help me with costs associated with mental health?
Yes, as long as it is directly related to a workplace problem workers comp often covers mental health issues developed by employees.The big question here is whether you can prove it or not. Though we know mental health concerns exist, unlike a physical injury there are no visible outward signs. If you believe you are entitled to workers comp for a mental health reason, it is best to work with a lawyer. They can walk you through the process necessary to prove your condition and improve your chances of a successful claim.
Can your lawyers help me get coverage to cover my preexisting condition?
It will not include the condition in and of itself. Workers’ comp will cover the injury if your work makes it worse. Even if the condition had healed or been treated successfully in the past, any activity that causes a condition to flare up or reoccur would most likely cover by workers’ comp?as long as you can connect the reoccurrence with the initial incident that caused your claim.
How long does your FIRM have to take action?
Filing as soon as you know you have a work-related injury or illness is critical. The time you have to file a claim may be as little as 30 days or as long as two years, maybe even longer, depending on the type of injury. As with anything, there are also plenty of exceptions.If your injury or illness caused you or your family member to be unable to file or contact an attorney (such as coma, quarantine, or extensive medical procedures), you would almost always receive an extension. Any extension requires you to meet your state’s description of those circumstances.In any case, even if your condition doesnt seem too dangerous, file now. Do not wait it out. If your situation gets better after you have filed, there is no penalty. If your condition worsens- you have coverage. That can be invaluable, especially to a family that is wholly dependent on a single breadwinner. There is also a time limit if you plan on filing for death benefits.Once you have workers comp and are receiving treatment, there are other deadlines to keep in mind, too. Medical bills must be submitted to an employer for compensation on time and to the appropriate place- your employer or their workers compensation insurance company.If your condition gets worse while you are on workers comp, you can reopen the case within a certain time limit (in most states and situations unless you are already receiving the maximum possible benefits.)One of the best things you can do to make the process easier and keep your deadlines in check is to contact an experienced PA injury attorney. Your employer is not a reliable source of workers compensation information. They may be trustworthy, but they could also be misinformed. If they offer a brochure or other informational paperwork, take it. Then get a second opinion.
Do you have attorneys in Philadelphia to help me if the accident was my fault?
If you were injured at work due negligence on your part, you might still be eligible for benefits. You must, of course, meet all of the other requirements. Injuries caused by a customer, client, or other 3rd parties then you may also be eligible.Workmans Compensation is faultless. You are covered even if you made a mistake and it leads to injury or illness. It could be as simple as slicing your finger while dicing an onion of slipping on a floor you just mopped?as long as it was a real accident. Self-injury is not tolerated and may result in more than ineligibility for benefits.The same sort of faultless system works for an employer- they are not required to pay more or less if negligence on their part cause you to become ill or have an accident. Do remember that if you take workers comp, you are giving up your right to sue your employer.
Do you have injury attorneyS who can help me if I was injured in an company car or at a company event?
If you were in a car crash: As long as you were on the clock and performing a work-related task, you do not have to be in the office space of your employer. However, the when, why, and how of an auto accident must be worked out and explained to determine your eligibility. In this case, it is best to contact your local worker’s’ compensation office or an attorney.Please note, travel to and from work or during a break is considered ineligible in the majority of casesAny injury that occurs at a company-sponsored event is also covered. The definition of these events may vary from state to state.
I was turned down. I need the best workmens comp attorney in Philadelphia.
It is possible to be turned down due to some factors. Reasons could include general mistakes or lack of information, ineligibility due to a positive drug test, or maybe your injury was ruled as due to an activity that violated company policy or happened to be self-inflicted.In any case, if you feel that there was a mistake on your part or that of your employer, get as much information as you can on why you were turned down and any evidence you have that counters that claim.It may still be possible to receive benefits after the application is corrected. You must provide new evidence, however. Make sure that if you intend to reapply you do so on time as, depending on the circumstances, you may still be working during the initial period.
I was turned down. I need the best workmens comp attorney in Philadelphia.
It is possible to be turned down due to some factors. Reasons could include general mistakes or lack of information, ineligibility due to a positive drug test, or maybe your injury was ruled as due to an activity that violated company policy or happened to be self-inflicted.In any case, if you feel that there was a mistake on your part or that of your employer, get as much information as you can on why you were turned down and any evidence you have that counters that claim.It may still be possible to receive benefits after the application is corrected. You must provide new evidence, however. Make sure that if you intend to reapply you do so on time as, depending on the circumstances, you may still be working during the initial period.Employers cannot fire you for making a claim?its a standard business practice, and though no company wants to pay more than they have to, its not a big deal. If you are still capable of work, laws are preventing you from being fired for your injury or workmans comp claim.However, if you were found to have received the injury due to taking part in criminal activity or while under the influence of drugs or alcohol you will be ineligible for workers comp and may lose your job.You may also be fired due to unrelated circumstances regardless of a workers comp claim or leave. If your performance was sub-par, if a layoff is necessary for financial reasons or restructuring, or if one of the dozens of other unrelated reasons call for it, you may lose your job just like anyone else.
How long does it take get COMPENSATION ?
That depends on the benefits you expect to receive. In most cases, medical benefits can be covered immediately after an accident as long as you make it clear to your doctor or other medical staff that you are going to file a claim and it was a work-related accident. Having a medical report created soon after the incident, by visiting a health-care provider, can help you file your claim successfully.Non-medical benefits are not paid until your claim has been officially processed, you have been approved, and any other state, company or insurer related procedures have been completed. These methods help to determine the severity of your illness or injury and the amount and duration of payments.
Will IT hurt my employer?
Unless your employer has done something wrong, no. Workers compensation isnt meant to punish a company but to help them and their employees. Many businesses choose to purchase workers comp insurance even when they do not have to as it reduces their chances of being sued in case of an accident. It also provides an affordable way to make sure any and all employees are taken care of if the unforeseeable happens.If you are worried that the conditions that caused you to become ill or injured could affect another employee, you may be able to file a federal complaint even if you accept workers compensation.
What do I have to do to get started ?
You can file on your own or with the help of an attorney. Before you begin, make sure you get your medical injury or illness on record with your employer (specifically the HR department) and a doctor as soon as you can.If you plan on filing by yourself, do as much research as you can and contact your states workers compensation office immediately. They can help you find or send you all of the appropriate paperwork.Federal employees may also find information about filing from the Division of Federal Employees Compensation (DFEC).If you plan on filing with the help of an attorney, make an appointment for a consultation as soon as you can with an experienced workmans compensation attorney in your area. If there is more than one, it never hurts to get a second opinion if you are not happy with your initial consult.
How much do I have to pay ?
State law limits the amount of money a workers’ comp attorney may charge you, so you don’t have to worry about huge fees. They can typically cost no more than 20% and as little as 10% of the total awarded benefits. That might sound like a lot, but with a professional on your side, the benefits granted are likely to be the maximum possible which can be a lot more that you might get on your own.Compensation to your attorney must be fair, and the workers’ compensation judge or panel must approve it.If you have a solid case, feel free to negotiate. There is no minimum amount you must pay and a well-documented case that reduces the amount of work and time your attorney has to put in may allow you to negotiate a smaller fee.Always get as much information from your employer as you can and make sure you record everything on paper. If the company you work for has no official form for accident reports and injuries, keep your files and make sure to visit a doctor. The more proof you have, the easier it is to get the benefits you deserveIt doesnt matter who is at fault or if the illness or injury you have has occurred over time. Workers compensation is there to help out any worker who was hurt or who had fallen in due to their job. It is also there to support the families of those that are harmed or killed due to their job.No one wants something like this to happen, but it does. Whether the incident and its effects were major or minor, make sure you file. No one knows what might happen down the road and its better to avoid wondering if you are covered.
1500 John F Kennedy Blvd #550, Philadelphia, PA 19102
Phone: (215) 735-4800
Phone: (215) 897-9200
Fax: (866) 261-7018