No one plans to get hurt on the job, but workers’ compensation benefits provide a financial cushion when it happens. However, accessing these benefits is not always easy. A Hershey workers’ compensation attorney with Calhoon & Kaminsky P.C. is a valuable ally. With over two decades of workers’ compensation legal experience, we are negotiators and litigators, trial-tested with the results to back it up.
If you’re facing roadblocks to the benefits you deserve, contact our Hershey workers’ compensation law firm for a free consultation. You pay no attorney fees unless we win, so reach out today.
Definition of Workers’ Compensation
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in work-related accidents. There are also death benefits for family members in the event of a fatal work accident or injury.
Workers’ compensation protects both workers and employers:
- For workers, it ensures immediate financial assistance and covers medical bills related to the injury, helping them focus on recovery without financial hardship.
- For employers, it provides a clear framework for supporting injured employees while protecting themselves from potentially costly legal battles.
Workers’ compensation insurance is mandatory in Pennsylvania. The state Workers’ Compensation and Occupational Disease Acts require nearly all employers to carry workers’ compensation insurance at no cost to their employees. Employees are eligible for workers’ compensation coverage from their first day of employment.
Types of Workers’ Compensation Benefits Available to Injured Workers
If you sustain a job-related injury, you can access several key benefits, including:
- Medical Benefits—This coverage ensures that your reasonably necessary medical expenses for work-related injuries or illnesses are paid. It covers hospital stays, surgeries, medications, and essential rehabilitation services. The goal is to alleviate the financial burden of recovery, allowing employees to focus on their health without worrying about the cost.
- Wage Loss Benefits—When an injury prevents you from working (after seven days), this benefit is a financial lifeline, replacing a portion of your income. The lost wages compensation is typically a percentage of your average weekly wage, which allows you to meet your regular financial obligations during recovery. Workers’ comp wage loss benefits are tax-free.
- Specific Loss Benefits—There are benefits for injuries that result in permanent harm, such as the loss of a limb or digit, loss of hearing, or significant disfigurement. These benefits provide a lump sum or ongoing payments to compensate for the profound impact on one’s life and abilities.
- Death benefits—If a worker dies from a work injury, their surviving dependents may be entitled to funeral and burial expenses and potentially wage benefits.
In Pennsylvania, total disability benefits are available until any of the following occurs:
- The employee fully recovers medically without restrictions, as confirmed by an Agreement or a decision from a Workers’ Compensation Judge.
- The employee successfully returns to their job, resuming complete pre-injury duties.
- The employee returns to a job with wages equal to or greater than their pre-injury wages.
- The employee is medically capable of undertaking alternative employment without any loss in earnings, given such employment is accessible.
Why Do You Need to Hire a Workers’ Compensation Attorney?
Navigating workers’ compensation claims is daunting, especially for an injured or ill employee. A workers’ compensation lawyer in Hershey, PA, can simplify this process by:
- Explaining your legal rights under state law and which benefits could apply to your case
- Ensuring accurate and timely claim filing by you or your employer
- Protecting your rights against any attempts to reduce your benefits
- Maximizing the benefits and compensation you could legally receive
- Defending your interests in hearings or appeals against denials
- Offering you peace of mind to focus entirely on your recovery and healing
While other law firms might accept the occasional workers’ comp case, we focus on this legal area at Calhoon & Kaminsky, P.C. Our Hershey workers’ compensation law firm’s commitment to you:
- We believe in fairness and giving Hershey’s working families an equal playing field against giant corporations. We dedicate ourselves to workers and their families, not employers or insurers.
- You have a tough fighter on your side because our team brings years of collective trial experience to the negotiating table. We have successfully settled many workers’ compensation cases, but we are ready to go to court if necessary.
- You can expect regular updates about your workplace injury case.
- You pay no attorney’s fees upfront — our fee depends solely on winning your case.
Can I Recover Damages If I’m Responsible for Getting Hurt on the Job in Pennsylvania?
Pennsylvania’s no-fault workers’ compensation system allows you to receive benefits regardless of fault. This includes injuries where you might be responsible, except for:
- Self-inflicted injuries
- Injuries from intoxication or illegal drug use
- Criminal acts
- Non-work-related incidents
Types of Hershey Workers’ Compensation Claims We Handle
Each workers’ compensation case presents challenges, from proving liability to negotiating adequate settlements covering medical treatment and lost earnings. Our Hershey workers’ compensation lawyers believe that no worker should try to manage the complexities of the compensation system alone.
We’re here to provide legal counsel tailored to the unique circumstances of each case. We’ve taken on hundreds of cases, including those involving:
- Physical Injuries—These include injuries from slips, trips, falls, or accidents involving machinery, which are some of the most common yet varied workplace injuries.
- Occupational Disease or Illnesses—Some workers’ comp claims result from exposure to harmful substances in the workplace, such as heavy metals, chemical toxins, asbestos, and silica.
- Repetitive Stress Injuries—Our team frequently handles cases involving conditions such as cubital tunnel syndrome, which occurs from repeated motions over time.
- Mental Health Claims—We also help workers suffering from mental health issues like stress or PTSD, which result from traumatic events in the workplace.
How Long Do I Have to File a Workers’ Compensation Claim in PA?
You must report your work-related injury or illness to your employer within 120 days and file a claim within three years from the injury date. Prompt action is crucial to securing your rights to compensation. Our Hershey workers’ compensation attorney can ensure your claim meets all necessary deadlines and requirements.
Contact Our Hershey Workers’ Compensation Lawyers for Help
If you’ve suffered a work-related injury, let our Hershey workers’ compensation law firm support you. Contact a Hershey workers’ compensation lawyer from our team today for a free consultation. Let us shoulder the legal burden while you concentrate on your recovery and future.
