Workers’ Compensation Lawyer in Harrisburg, PA

If you have suffered a work-related injury, there are several steps that you need to take:

• First, if necessary seek immediate medical attention.
• If your injury is not severe enough to need immediate medical attention, immediately notify your supervisor or your employer that you have been injured on the job. In Pennsylvania, a worker has up to 120 days to notify their employer they have suffered a work-related injury. Never wait the full 120 days. Always report the injury as soon as possible. For instance, as soon as you have received medical care, you should report your injury to your supervisor or employer.
• If you wait longer than 120 days to report your injury to your employer, you will lose your right to qualify for workers’ compensation. If you wait until the very end of your 120 days to report your injury, your employer or their insurance carrier may argue that you are not hurt seriously enough to deserve workers’ comp benefits or it occurred elsewhere. If this happens to you, contact an experienced workers’ compensation attorney as soon as possible.
• Reporting a work-related illness can be a bit trickier. Sometimes you are not aware that you have an illness or an occupational disease for weeks or months. As soon as you are diagnosed by your doctor with a work-related injury like carpal tunnel syndrome or an occupational illness, the 120-day time limit begins. As with any work-related injury, you should report your work-related illness as soon as possible to your employer.
• Once you have reported your work-related illness or injury, your employer has 48 hours to submit this claim to their insurer, who has 21 days to approve or deny your claim.
• If you report your injury or your illness to your employer as soon as it happens, you are eligible to receive your first workers’ compensation benefits within 21 days of missing your first shift. Receiving your benefits are also dependent on how quickly you filed your injury report, if the insurance company accepted the claim and if you have missed more than seven days on the job.
• While the insurance company has up to 21 days to affirm or deny your claim, it can issue Notice of Temporary Compensation for 90 days. It may deny your claim at that point.

You have up to three years from the date of your injury to file a workers’ compensation claim, if your Employer was properly notified within 120 days of the work injury. If your claim is denied, you should immediately contact an experienced attorney to help you file your Claim.

It is illegal for any employer in Pennsylvania to fire an employee because they have filed a workers’ compensation claim. You can, however, lose your job for other reasons. For instance, if your employer had already decided to downsize your department or had already determined that you were going to be laid off. Even if you lose your job in these situations, however, you will continue to receive workers’ compensation wage-loss benefits and medical coverage.

If you have recovered from your injury and you have returned to your job, and you are earning the same or a higher salary as you did before your injury, your wage loss benefits will end.

If your doctor determines that you have reached Maximum Medical Improvement (MMI), which is the point at which they do not believe you will heal any more than you already have, but feels that you have recovered enough to return to your job, the doctor may include medical restrictions. If your employer finds you a new job that accommodates these medical restrictions but pays you a lower wage, you are still eligible to receive two-thirds of the difference between your previous wage and your current wage. You will also continue to receive medical benefits if necessary.

If you agree to a settlement with your employer and their insurance carrier, you will be asked to sign a final release which will end on your workers’ compensation benefits. Before you sign any settlement offer from your employer, it is very important to speak to an experienced workers’ compensation attorney to ensure you are getting all the benefits to which you are entitled.