Thousands of Pennsylvania workers sustain on-the-job injuries every year. Unfortunately, many workers in Hershey struggle to claim workers’ compensation benefits for their injuries, often because their employers dispute their claims. The good news is that a PA workers’ compensation attorney can help injured workers obtain the benefits they need.
The Hershey work injury lawyers at Calhoon & Kaminsky, P.C., are here to protect your rights and fight for your rightful compensation under Pennsylvania law. We have decades of experience with Pennsylvania workers’ compensation cases and have recovered significant awards for our clients. We can handle all the paperwork and details of your case while you rest and heal. Call us today or complete our contact form for a free case review with a Hershey workers’ compensation lawyer.
Who Qualifies for Workers’ Compensation in Pennsylvania?
The Pennsylvania Department of Labor & Industry (DLI) says the state’s workers’ comp laws cover “nearly every Pennsylvania worker.” The DLI specifically mentions that part-time and seasonal workers qualify for workers’ compensation. Under Pennsylvania workers’ compensation law, even nonprofits and businesses with only one employee must provide workers’ comp coverage in many cases.
Having said that, the DLI notes that certain employees do not qualify for workers’ comp coverage under state law. These workers include:
- Independent contractors
- Federal employees
- Railroad workers
- Longshoreman and other shipyard workers
- Volunteer workers
- Agricultural workers
- Domestic workers
- “Casual” employees
- Certain corporate executives, if they choose not to receive coverage
It’s worth mentioning that businesses sometimes classify workers who should qualify for workers’ comp as independent contractors to reduce costs. However, a worker’s duties and the conditions under which they are performed dictate whether they qualify for coverage, not their job titles. Employees with questions about whether they qualify for workers’ comp benefits should speak to a Pennsylvania workers’ compensation lawyer immediately.
What Workers’ Compensation Benefits Can I Receive?
When you develop a work-related injury or illness in Hersey, your potential benefits may include:
- Medical Benefits: If your employer’s insurer accepts your claim, workers’ compensation covers all necessary and reasonable medical expenses related to your injury. This includes doctor visits, hospital stays, surgeries, and prescriptions.
- Lost Wages: When you cannot work due to an on-the-job injury or illness, you can receive wage-loss benefits. These benefits can replace a portion of your lost income up to certain limits under state law.
- Specific Loss Benefits: If an injured worker suffers a permanent loss of use of a body part, disfigurement, or scarring, they might qualify for specific loss benefits.
- Vocational Rehabilitation: If your injury prevents you from returning to your old job, workers’ comp benefits may cover the cost of vocational rehabilitation to help you gain new skills or find a different job.
Do I Have a Workers’ Compensation Claim?
Workers’ compensation claims cover injuries and illnesses that occur while you are on the job or stem from your work duties. For example, if you work with heavy machinery and sustain an injury in an equipment accident, you would likely have a workers’ comp claim. Similarly, workers who sustain injuries in car accidents while traveling for their job (outside of their daily commute) generally have grounds for a workers’ comp claim. Finally, workers who develop occupational illnesses typically qualify for workers’ comp, though establishing a link between their illness and their job can be difficult.
Common Challenges in Work Injury Cases
Working with a Hershey work injury lawyer can help you avoid common pitfalls in these cases, such as:
- Denied Claims: Your employer or their insurance company might deny your claim, leaving you without benefits.
- Delayed Payments: Payments for medical bills and lost wages can be delayed, causing financial strain.
- Insufficient Medical Evidence: Lack of proper documentation and medical evidence can weaken your case or cause your employer to deny your claim outright.
- Employer Retaliation: Some workers face retaliation or unfair treatment from their employer after filing a workers’ comp claim, even though such retaliation is illegal.
- Disputes Over Benefits: Disagreements about the amount or duration of benefits can arise.
- Returning to Work: Transitioning back to work while still recovering can be challenging and may affect your benefits.
The Workers’ Compensation Claims Process
Here are the basic steps in the claim process:
- Report Your Injury: Immediately notify your employer about your injury. You have 120 days to report it, but the sooner, the better. To claim compensation from the start of your injury or illness, you must inform your employer within 21 days. Otherwise, your compensation only starts from the day you make your report to your employer.
- Seek Medical Attention: Get treatment from an approved healthcare provider if your employer has a list of designated doctors. Otherwise, see your own doctor.
- File a Claim: Your employer should report your injury to their insurance company, who will then file a First Report of Injury with the Bureau of Workers’ Compensation. You can also file this report yourself; you’ll find the necessary forms online.
- Investigation: The insurance company will investigate your claim to determine its validity. This may include reviewing medical records and accident reports.
- Receive Benefits: If your employer’s insurer approves your claim, you’ll start receiving medical and wage-loss benefits. If they deny it, you can appeal the decision.
- Return to Work: You can return to work once you’re medically cleared. If you have ongoing issues, vocational rehabilitation may help you transition to a new role.
The Insurance Company Denied My Work Injury Claim. What Now?
You have legal options if your employer’s insurance company denies your work injury claim. There’s a process for appealing denied claims, but it’s vital to act quickly. You must file your appeal within 20 calendar days of the date the judge’s decision is circulated. We have ample experience with workers’ comp appeals and can handle all the legal logistics in your case.
The Calhoon & Kaminsky, P.C. Difference – What Our Hershey Work Injury Lawyers Can Do for You
Our broad experience with Hersey workers’ comp claims helps us advocate for injured workers like you. We can gather your medical records and other evidence to support your claim, file the claim paperwork within the appropriate deadlines, pursue the benefits you qualify for under state law, and assist with any necessary appeals. Our job is to make this process as easy as possible for you so you can focus on getting better after a workplace injury.
Contact Our Hershey Work Injury Attorneys Today
Any delay in talking to a lawyer can jeopardize your workers’ compensation claim, so don’t hesitate. Contact Calhoon & Kaminsky, P.C., today for a free consultation.
