Workers’ Compensation Lawyers

We Understand Workers’ Comp

Suffering a workplace injury can be a devastating loss for both individuals and their families. The often-complex legal process necessary to recover both physically and financially from such an event adds further difficulties to an already stressful situation. Unfortunately, employers and their insurers often work as hard as they can to ensure that employees who get hurt at work don’t receive the full benefits that they deserve.

As a worker in the United States, you are entitled to certain protections under the law should you get injured on the job. Thanks to workers’ compensation laws, if you become a victim of a work-related injury, your next step would be to file a claim for benefits, which would enable you to receive compensation for your suffering, inability to earn wages, and other potential consequences of your injury. However, your employer and your insurers may still try to deny or minimize the benefits that you are entitled to, hindering your recovery and causing great damage to you and your family’s physical, emotional, and financial health.

What Industries Are Most Dangerous for Workers?

Even seemingly low-risk jobs can cause injuries when you least expect them. However, we’ve learned that certain industries are more dangerous than others.

Construction

Construction has one of the highest workplace death rates of any industry. Between working high above the ground, handling heavy machinery, and working with electricity, construction workers deal with serious hazards daily.

Agriculture and Forestry

Workers in forestry and agriculture often perform physically demanding tasks in potentially dangerous environments. Many of our clients have been injured by tractors or other heavy machinery, developed repetitive strain injuries, or suffered illnesses from long-term pesticide exposure.

Transportation and Warehousing

Without transportation and warehousing, the nation’s economy would grind to a halt. However, workers in this sector are at risk of injuries from falling objects, car accidents, heavy lifting, and warehouse fires.

What Should I Do Before Contacting a Workers’ Compensation Attorney?

Unsure what to do after suffering a work-related injury? As long as you were not doing anything illegal, your injury is covered. So, do not hesitate to report your injury, even if you feel it may be your fault. 

Job-related illnesses that occur over time, such as mesothelioma and repetitive trauma injuries like carpal tunnel syndrome, must be reported as soon as a diagnosis has been obtained and you learn that the injury or condition is related to your employment. If possible, take the following steps before getting in touch with a workers’ compensation lawyer:

• Immediately report the injury to your supervisor.
• Keep copies of all correspondence with your employer.
• Get a copy of your workplace’s injury report.
• Gather your medical bills, medical records, and wage information.
• Collect witness contact information and any documentation of the scene of the injury.

We understand that you may not be able to take all of these steps before contacting us. However, the more information we have, the better we will be able to determine how we can help you. Here’s a closer look at each step and why it matters.

1. Immediately Report the Injury to Your Supervisor

You must report that you were injured and that your injury was caused by your job. We suggest that you give that notice in writing. 

If you develop an occupational illness over time that can be related to your job, you should report it as soon as you receive a doctor’s diagnosis. Injuries must be reported to your supervisor or the person whose job it is to prepare injury reports.

2. Keep Copies of All Correspondence with Your Employer

Unfortunately, some employers will try to dismiss or minimize worker injuries because they think the paperwork is too much of a hassle, are worried about insurance premiums going up, or both. If your employer does this, you should keep records of every time you’ve discussed the injury.

Emails and screenshots of text messages can be especially helpful. If your employer communicates over the phone or in person, write down the date and time of each discussion, along with what was said.

3. Get a Copy of Your Workplace’s Injury Report

Your employer is required to maintain reports of on-the-job injuries. Your injury report allows us to make sure your employer reported the incident accurately and to paint a complete picture of your case.

4. Gather Your Medical Bills, Medical Records, and Wage Information

As workers’ compensation lawyers, we want to ensure that you receive fair compensation for your injuries. If you have a complete record of your medical costs and the total monetary value of your lost wages, we’ll be better equipped to advocate for you.

5. Collect Witness Contact Information and Any Documentation of the Scene of the Injury

If a coworker or anyone else saw your injury happen, try to get their contact information. They could help corroborate your story if your employer tries to argue that your injury didn’t happen the way you claim it did. Photos of the conditions that caused your injury can also support your account.

If your employer tries to deny or minimize your workers’ compensation claim, your legal case will be that much stronger for having taken these steps. As you report your injuries, receive medical results, diagnoses, and bills, and file your claim, make sure to carefully organize and copy your documents so that they are ready if you need to consult a workers’ compensation attorney.

How Do You Know if You Need a Workers’ Compensation Attorney?

Pennsylvania doesn’t require you to have an attorney to file a workers’ compensation claim, but a lawyer can strengthen your case for getting the full benefits you’re entitled to, especially if the injury was severe or if your claim is contested.

When it comes to minor, straightforward workers’ compensation claims, many workers prefer to represent themselves. However, in any of the following circumstances, we strongly recommend scheduling an appointment with us as soon as possible:

• Your claim has been denied.
• Your employer doesn’t have workers’ compensation insurance.
• Your employer is retaliating against you for filing a claim.
• You’re receiving some benefits, but they aren’t enough to cover your losses.
• You have a serious injury that’s likely to have long-term consequences.
• Your injuries prevent you from returning to your job.
• Your injuries have made it impossible to do any work at all.
• You receive Social Security disability benefits or are planning to.
• Your injury was caused by a third party (someone other than you or your employer).
• Your injury was caused by serious misconduct on the part of your employer.
• You’re unsure about the workers’ comp process and need some guidance.

Even if you are already receiving workers’ compensation benefits, a consultation with our workers’ compensation attorneys can reveal if the current benefit arrangement is appropriate. If not, we can assist you in defending any challenges to your benefits or medical treatment being made by the insurance company.

The litigation process over serious work-related injuries or illnesses generally requires legal representation. If you are injured, have contracted a work-related illness, or believe you have been treated unfairly, contacting a workers’ compensation attorney is in your best interest. Even if you think you’re able to handle the situation on your own, we’re here to help you through your case from start to finish and receive no payment until your case is won.

Why Should I Hire a Workers’ Compensation Lawyer?

The workers’ compensation system may have been intended to provide prompt and fair compensation for injured workers, but it now appears to work mostly to the benefit of employers and insurers. An experienced workers’ comp attorney will be your advocate and make sure you are treated with the respect and dignity you deserve.

Not convinced? Here are five important reasons to hire a workers’ compensation lawyer.

Frequently asked questions about workers’ compensation

Have a question about workers’ compensation that wasn’t answered below? Feel free to explore our dedicated workers’ compensation FAQ page.

1. We Help You Understand the Process

The workers’ compensation process is rarely straightforward. Typically, employers and insurers are more concerned with limiting their costs than with making sure you understand your rights. Our attorneys help you get a sense of the process as a whole.

2. We Work to Maximize Benefits

Even when they approve a claim, workers’ compensation insurance providers may offer far less than your case is worth. Many workers without attorneys accept the initial settlement, but your attorney can negotiate with the insurer, seeking every penny you deserve.

3. We’re Skilled Negotiators and Litigators

Often, our attorneys secure fair settlements through negotiation. However, if the insurance provider won’t agree to a fair amount, your case may go to court. Experienced workers’ compensation lawyers are equally comfortable with both outcomes.

4. We Know How to Build a Strong Case

Having solid evidence makes it harder for insurers to refute your claim. Our attorneys know how to find the best evidence to support your case for full compensation.

5. There’s No Financial Risk to You

If you’ve been injured at work, you might understandably be worried about finances. Our initial consultations are free, and if we take your case, you only pay us if we win.

What Kinds of Injuries Can Workers’ Compensation Lawyers Help With?

At Pond Lehocky Giordano LLP, our nationally-rated team of workers’ compensation lawyers specializes in providing legal assistance to workers who have suffered from work accidents and been denied their rightful workers’ compensation claims. 

Drawing upon our extensive experience in advocating for the rights of workers, we guide our clients through the often complex and challenging process of recovering the compensation they deserve. Our workers’ compensation lawyers handle a wide range of on-the-job injury claims. These are some of the most common workplace injuries we’ve encountered.

Musculoskeletal Injuries

Any job involving physical motion can increase your risk for musculoskeletal injuries. Injuries to the back and shoulders are especially common. Jobs with increased fall risks (like construction) are also more likely to lead to broken bones.

Hearing Damage or Loss

Working for long periods in noisy environments like shipyards or factories can cause lasting hearing loss and tinnitus.

Head Injuries 

Head injuries, including concussions and traumatic brain injuries (TBIs), are often caused by falls or falling objects.

Burns and Electrocution

High-voltage machinery can cause electrocution and electrical burns if the equipment malfunctions. High-heat environments and workplaces prone to fires can cause serious burn injuries.

Occupational Diseases

Some industries expose workers to toxins and environmental hazards. For example, if you renovate old buildings containing asbestos, you may be at risk of developing mesothelioma.

Our workers’ compensation lawyers also handle third-party claims. Although workers’ compensation typically means that employers are no-fault, people injured in a workplace accident may still sue the manufacturer of machinery, products, or equipment relevant to their injuries in addition to filing their workers’ compensation claim. These third-party claims are usually filed based on reasons like unsafe working environments, inadequate training, or faulty equipment.

What Should I Know About Medical Exams and Treatment While on Workers’ Compensation?

Once a workers’ compensation claim is filed, your employer has the right to request a Defense Medical Examination (DME). A DME allows their chosen medical professional to assess your condition and provide an opinion on the nature and severity of your injury or illness. By law, employers or their insurance providers can request a DME every six months for each reported injury.

At Pond Lehocky Giordano LLP, we’re committed to protecting your health and your rights. Our in-house medical team plays a key role in connecting injured workers with high-quality, trustworthy healthcare providers. We make it a priority to ensure that all medical evaluations are fair, thorough, and compassionate so you can focus on healing while we focus on advocating for you.

What Are the Different Types of Workers’ Compensation Benefits?

When an injured worker successfully files a workers’ compensation claim, they’re entitled to indemnity benefits, or wage-loss benefits, which typically amount to about two-thirds of their average weekly earnings before taxes. The exact amount can vary depending on the limits set by individual states.

Workers’ compensation includes several types of benefits designed to support injured employees and their families, such as:

• Wage-Loss Benefits: These make up for lost income due to a total or partial disability caused by the injury.
• Death Benefits: These are offered to surviving dependents if a worker dies as a result of a job-related injury or illness.
• Specific Loss Benefits: This is compensation for the loss of use of a body part, or for permanent disfigurement to the face, head, or neck.
• Medical Benefits: This is coverage for necessary medical treatments, surgeries, and ongoing care related to the injury.

For workers with partial disabilities, meaning they can return to work but not in their original capacity or pay scale, benefits may be available for up to 500 weeks, depending on the state.

For total disabilities, insurance carriers in many states have the right to request periodic medical evaluations. These exams assess whether the injured worker’s condition has improved enough to reclassify their injury as a partial disability, which can affect how long benefits continue.

Get a Free Case Evaluation with a Workers’ Compensation Lawyer Today

To help maximize your chances of recovering damages for the suffering you have experienced due to your work-related injury, it’s critical to have a skilled workers’ compensation legal team involved. Our workers’ compensation lawyers manage lawsuits in all 50 states. We offer free consultations with our attorneys so that we can help you better understand your legal options and the strength of your case. 

For more information, call Pond Lehocky Giordano LLP at 1-888-504-6484 or fill out our contact form today. You deserve a workers’ compensation law firm that can truly champion your rights.