Pennsylvania Workers' Compensation

With few exceptions, any employee who is injured while acting within the scope of his employment (in the state of Pennsylvania) is entitled to benefits provided for by the Pennsylvania Workers Compensation Act. These benefits include wage loss, medical, specific loss and death benefits.

Any injury should be immediately reported to a supervisor and an accident report completed. When an injury occurs on the job, the employer is required to provide the employee with a list of panel physicians and to issue either a denial or acceptance of the claim within 21 days.

If the claim is accepted, benefits should begin immediately. If it is denied, the employee will have to file a Claim Petition to get those benefits to which he is entitled.

Whether or not the employee recognizes the injury, you need a lawyer!
Employers and insurance companies always have legal counsel. The Workers' Compensation system in Pennsylvania is an adversarial process. Employers and claims agents try to convince injured employees that they are on that employee's side and will "take care of them." This is done to get that employee's cooperation, in particular to get jim or her to acquiesce to the employer's desired course of medical treatment, which is often not in the employee's best interest. That employee may also be misled with regard to their rights and obligations under the Act.

An injured employee needs to know that the employer, their insurer, the claims agent, the nurse manager, defense medical examiner, and vocational counselor are all trying to resolve a claim in a manner most advantageous to the employer, NOT THE EMPLOYEE.

My role in that situation, and the role of any competent attorney, is to provide injured worker with the guidance required for a favorable outcome. The employee has rights he or she needs to understand and obligations that need to be met. Among other things, my services to that employee include:

• Reviewing the description of injury recognized by the employer;
• Reviewing the wage calculation used to determine the amount of benefit;
• Responding to requests by the employer or their insurer;
• Filing all necessary pleadings and documents;
• Representation at all hearings or depositions;
• Addressing any peripheral legal matters which may arise.

Even if the injured employee is receiving benefits, having an attorney following the case is essential for protecting their interests. He should not stand alone against an employer and insurance company who know how to use the system to their advantage.

At my office, all consultations are free of charge and cases that are accepted are taken on a contingency fee. This means I will not collect a fee until I have secured or preserved your right to benefits. If I am not successful with your case, you pay me nothing.

I have many cases that I am simply monitoring, so that I can provide the injured employee guidance when necessary. I feel it is essential to provide this service, even if I am not collecting a fee, so that the case is not compromised when it comes time to negotiate or litigate.

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