What is a work-related injury and what is a personal injury? How are they different?
Work-related injuries include injuries that are sustained while you are on the job, in a vehicle being used for work-related purposes, an injury that is caused by events on the job or exposures to substances or chemicals on the job. Hiring an Allentown workers’ compensation lawyer is a critical step to protecting your rights after sustaining a work-related injury.
What do workers’ compensation lawyers do?
Allentown workers’ compensation lawyers protect workers’ rights when they have been injured on the job. Attorneys work hard so employers and/or their insurance companies pay workers the benefits they’re entitled to. Our Pennsylvania attorneys also help workers control their own treatment and access to the doctors they need for their care.
An Allentown workers’ compensation lawyer can advocate for your rights to be protected, handle hearings on your behalf, attend mediation, and advocate for a settlement. If your claim is denied, an attorney can assist with appeals and represent your interests in any subrogation claims. If a settlement cannot be reached, a PA workers’ compensation law firm can file a lawsuit and represent you in court.
Some employers and insurance companies may advise a worker against involving a lawyer, but rest assured that they have entire legal teams working on their side. Having your own attorney will make the legal battle a fair one.
Why hire a workers’ comp lawyer?
Sadly, some people might try to convince you that you don’t need legal representation for a workers’ comp claim. Without a workers’ compensation specialist, it’s easier for companies to underpay workers or deny their claims.
It can feel overwhelming to fight your employer and their insurer on your own. You face paperwork deadlines, endless communications, and the possibility of the involvement of other parties. Meanwhile, you’ll be attempting to recover from your injuries and seek the appropriate medical care you need.
You don’t have to do it alone. Hiring an Allentown workers’ compensation lawyer means you can focus on your recovery and let a certified workers' compensation specialist handle your case.
How long do I have to file a workers’ compensation claim in Allentown, PA?
In Pennsylvania, it is important to report a work-related injury to your employer immediately. Pennsylvania law provides that an injured worker must report their injury to their employer within 120 days of the date the injury was sustained. However, it is always better to report your injury sooner rather than later. Once an injured worker satisfies the requirement to notify their employer of their injuries within 120 days, that worker then has three years from the date their injury occurred to file a workers' compensation claim.
Working with a competent and experienced workers' compensation attorney in Allentown can help you meet all your deadlines and protect your ability to be compensated to the fullest amount allowable for your injuries.
When does my employer need to pay my workers’ compensation claim?
Pennsylvania workers’ compensation laws provide that people must be injured and unable to work for at least seven days to receive workers’ compensation payments for missed pay. Typically, benefits are payable eight days after your injury.
When you’ve been off work for 14 consecutive days, you may receive payment for the first seven days of missed work. In most cases (where the injury is reported in a timely fashion), you should receive your first check within 21 days after your injury and continue to receive regular payments after that date.
When do I have to file a workers’ comp claim in Pennsylvania?
Ideally, report your injury to your employer immediately but no later than 120 days after the incident occurs. Your employer must report the injury to the Pennsylvania Department of Labor and Industry within seven days of their knowledge of your injury or within 48 hours if the injury resulted in a death. They then have 21 days in which to investigate the claim.
If you fail to report your injury within 120 days after the incident or after your knowledge that a work-related incident or exposure caused your injury, you may be barred from a workers’ compensation claim. Talk to a Lehigh Valley workers’ compensation attorney for more information on your particular case.
Can Allentown union members apply for workers’ comp?
Yes. If you are a union member, you are still entitled to workers’ compensation benefits. Your union may also provide other benefits if you are injured on the job. Your union representative should be made aware of your injury as soon as possible. A
union workers’ compensation law firm in the Lehigh Valley can offer guidance and legal representation for a variety of legal issues.
What to do after a workplace accident in Allentown, Pennsylvania?
If you’ve suffered a work injury, here are a few general steps:
Call for help. Get medical attention as quickly as possible.
Report the injury to your employer. Follow any and all steps they require for reporting injuries.
Collect information from eyewitnesses (if any) who witnessed your injury.
Contact an attorney. An attorney is there to help protect your interests while you recover.
Hiring an Allentown work injury lawyer as soon as possible helps you report injuries and file claims on time—you don’t want to miss any important deadlines.
Can you collect Social Security Disability and workers' comp at the same time in PA?
Yes. In Pennsylvania, it is possible to collect both Social Security Disability Insurance (SSDI) and workers' compensation benefits at the same time, but there are some important points to keep in mind.
The Social Security Administration (SSA) might adjust payments when you receive workers’ comp benefits to prevent "overlapping" of benefits. In general, monthly SSDI benefits are added to workers’ comp benefits. If that sum is over 80% of a person’s average current salary, the
excess amount is subtracted from Social Security benefits.
It's advisable to consult with a disability attorney to understand how this interaction might specifically impact your benefits and lock down the maximum allowable amount.
Reach out to our team of experienced
Social Security attorneys to find out more about what you could be entitled to regarding workers’ compensation and Social Security benefits.
Can you collect workers' comp and disability at the same time in Pennsylvania?
In Pennsylvania, it's possible to collect workers' compensation and disability benefits simultaneously, but there are a few important considerations. The total amount received may be subject to offsets or reductions, depending on the specifics of your case and the benefits programs involved.
Workers' Compensation and Short-Term Disability (STD)
There are other affecting factors, too. For example, Pennsylvania workers can collect workers' compensation and short-term disability (STD) benefits simultaneously, but the payout might be affected by the STD's policy terms, coordination/offsets, and specifics of your workers' comp claim.
Workers' Compensation and Long-Term Disability (LTD)
Collecting workers' compensation and long-term disability (LTD) benefits in Pennsylvania is also possible but can be influenced by your coordination of benefits and LTD policy terms (including rules regarding offsets and coordination with other benefits).
Workers' Compensation and Social Security Disability (SSD)
Collecting workers' compensation and Social Security Disability (SSD) in Pennsylvania is allowed, but the amount a person could receive might be affected by the Social Security Administration's offset rules around overcompensation. Note that it’s possible to collect and obtain SSD for work-related injuries.
Talking to an Allentown workers' comp attorney can help you receive the maximum benefits you’re entitled to.
What Are Pennsylvania’s Workers’ Comp Death Benefits?
Workers’ compensation death benefits in Pennsylvania vary depending on multiple factors, including the marital status to the deceased, the number of children, and the relationship to those children regarding the deceased. The number of dependents and the percent dependent (fully or partially) can impact the rate paid out.
Who can receive survivor benefits from a deceased worker in Pennsylvania?
Your
dependent survivors could be eligible to receive your workers’ compensation benefits on your behalf if your injury results in your death. Some stipulations exist, including the amount of time passed between the death and the corresponding work injury.
In Pennsylvania, survivor benefits from a deceased worker can go to a widow or widower, dependent children, and sometimes dependent parents. Widows and widowers may receive benefits based on the deceased worker's earnings, which can provide financial support during their time of need. Talk to an Allentown lawyer for more about your unique situation.
How much does a workers’ comp lawyer cost in Pennsylvania?
At Cohen, Feeley, Altemose & Rambo, we work on a contingency payment model. This means that you only pay our firm if we win your case. Plus, our initial consultations are always free.
How do I find the best workers’ compensation attorney near me?
If you have been injured on the job in the Allenton, PA area, the law firm of Cohen, Feeley, Altemose & Rambo is here to serve you. Our experienced
workers’ compensation attorneys can negotiate with your employer and their insurer so you get the benefits you’re entitled to and make certain you get a fair settlement for your injuries.
Contact us today to learn more or to schedule a free consultation.