What are some common work-related injuries?
Workplace injuries are sustained while you are working on company time or using a car that is used for company purposes. These injuries can include slip-and-falls, repetitive stress injuries, vehicle-related crashes, fire-related injuries, chemical exposures, chemical burns, non-impact injuries, and falling/moving objects.
Other injuries can include bodily reaction injuries, where you bend, slip (without falling), reach, climb, stand, or sit and experience an injury related to the movement. You may also have an injury related to workplace harassment or violence. Your workers’ comp lawyer in Bethlehem can tell you more about your specific case.
Are Pennsylvania employers required to have workers' compensation insurance?
Generally speaking, most Pennsylvania employers are required to carry workers’ compensation insurance. Some employers are exempt because workers are covered through other workers’ compensation acts (such as railroad workers and longshoremen). If your employer does not have
workers’ compensation insurance, you may be able to bring suit against them, but keep in mind that there are exceptions to the rule. A Bethlehem personal injury lawyer can tell you more.
Can I sue a third party for a work injury even if I already received a workers’ compensation claim?
It is possible to bring a claim against a third party even if you have already received workers’ compensation. In addition, the doctrine of dual capacity allows an injured worker to pursue both a workers’ compensation claim and a claim against their employer if the employer was in breach of a duty to protect the public that could also apply to the employee.
For instance, if an employee was hurt as a result of performing their job in a building that the employer owned but did not properly maintain, the doctrine of dual capacity could apply. A workers’ comp lawyer in Bethlehem determines third parties regularly and can identify parties people might not initially imagine.
Do I have to return to work after an injury in Bethlehem?
You do not have to return to work after you are injured until you are deemed fit to work by your medical team. Some employers may attempt to get an employee to return to work too quickly to avoid paying lost wages. The Return-To-Work program (as supported by the PA Department of Labor and Industry) helps employees determine when they’re ready and able to return to their jobs.
What could my PA workers’ compensation claim be worth?
A claim can vary based on the degree of the work-related injury, the medical bills you have from your treatment, and the amount of lost wages you incur by not being able to work. Every claim is different, and our Pennsylvania and Lehigh Valley lawyers work diligently to bring you justice.
What workers’ comp benefits are available to union workers in Bethlehem, PA?
In Pennsylvania, employees injured on the job are entitled to medical benefits to cover their associated expenses and treatments, wage loss benefits, specific loss benefits, and lump sum payments (in the case of compromise and release).
If you are a union worker, you could be entitled to benefits under your union workers’ compensation acts. A
union personal injury law firm can help union members (and their families) navigate these types of specific claims.
What If I get in a car accident while driving to work?
Most of the time, people cannot file workers’ compensation claims if they get in a vehicle accident while driving to work. There are, however, caveats. If driving either a personal vehicle or company vehicle to work because you are required to use the vehicle for work purposes, you may be entitled to compensation. If you are a traveling employee, you may be entitled to compensation.
If hurt in a car or truck accident in a vehicle owned by your company, your company (and possibly a third party) could be held responsible. However, if the driver is at fault, the driver and the company could be held liable. Talk to a workers’ comp lawyer in Bethlehem about negligent hiring and supervision, vicarious liability, and respondeat superior for work vehicle accident liability.
Can I collect social security and/or social security disability while collecting workers’ comp in PA?
In Pennsylvania, it's possible to receive both workers' compensation and disability benefits simultaneously, though every case is unique. Reach out to experienced
SSD/SSI attorneys to help you navigate these claims.
A person's total benefits may be adjusted based on specific rules for each program and how they interact. Workers' comp can interact differently with short-term disability (STD) benefits, long-term disability (LTD) benefits, and Social Security Disability (SSD) benefits.
For example, collecting workers' comp and STD and LTD benefits may be influenced by the terms of your specific policy and how it coordinates with your workers' compensation claim. Similarly, the amount a person receives from both workers' compensation and SSD benefits might be adjusted to comply with the Social Security Administration's rules on overcompensation.
Is workers’ comp taxable income in PA?
No. In Pennsylvania, workers’ compensation income is generally not taxable. These benefits for job-related injuries or illnesses are typically exempt from federal and state income taxes. A Bethlehem workers’ comp attorney can provide more insight into your particular situation.
Can I be fired after filing a Pennsylvania workers’ compensation claim?
It is possible to lose your job after you file a claim, but the law prohibits your employer from firing you as an act of retaliation because you filed a claim. Pennsylvania is an at-will employment state. That means your employer can fire you for no reason, but they cannot fire you as an act of retaliation. Retaliation is serious—talk to a workers’ comp lawyer in Bethlehem if you have concerns.
However, employers are not required to keep your position available if you can no longer perform your job post-accident. They do have a responsibility to make reasonable accommodations so you can perform your job (which could include installing ramps or providing ergonomic equipment). They do not have to keep you as an employee if you cannot perform the duties for which you were initially hired.
What is the statute of limitations on workers' comp claims in PA?
Workers are advised to report any injuries they sustain to their employer immediately after getting hurt or injured on the job. For those who are unable to immediately notify a superior, the law provides that an injured worker must report their injury to their employer no later than 120 days after the incident occurs.
Those who report their injuries within 120 days are eligible to receive benefits in accordance with the Pennsylvania Workers' Compensation Act. If an injured worker fails to notify their employer within this 120-day period, your employer may deny you benefits on the technicality that you failed to provide them with timely notice.
Once an injured worker has notified their employer that they have sustained an injury, should your employer decline to accept liability for that injury, you then have three years from the date of injury to file a workers' compensation claim. This three-year deadline, also known as the statute of limitations, is different for Workers' Compensation in that an injured worker is given three years (whereas the statute of limitations to file for a personal injury or wrongful death claim is only two years).
Making sure you don’t miss deadlines can be a challenge. It’s best to hire a team of experienced
personal injury lawyers in Bethlehem to help you navigate your claim and protect you from missed deadlines.
What if my loved one dies from a Bethlehem workplace injury?
If a loved one is injured at work and dies from the injuries they sustain, you may be able to file a workers’ compensation claim on their behalf to receive their benefits. It can be difficult to attempt this type of claim while mourning the loss of your loved one. Hiring a team of experienced
wrongful death attorneys can allow you to grieve properly while making it easier to receive benefits.
How do I find workers’ comp lawyers near me in Bethlehem?
The law firm of Cohen, Feeley, Altemose, & Rambo is located just southwest of Interstate 33 and William Penn Highway. We are ready to schedule a free consultation with you today to discuss your claim and help you get back on your feet.
We are Pennsylvania's foremost attorneys in workers’ compensation. Our personal injury attorneys have over 190 years of combined experience. Partner
Alexis Berg-Townsend has the prestigious title of a Pennsylvania Workers’ Compensation Specialist—one of only 199 attorneys in our state given the title authorized by the Pennsylvania Supreme Court.
Talk to a workers’ comp lawyer in Bethlehem today.