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Getting injured on the job is more common than one may think. Between 2021 and 2022, the number of workplace injuries increased. The industries that are seeing the largest uptick in injuries and the types of injuries sustained have also changed, reflecting changes in our economy and social institutions (partly resulting from the COVID-19 pandemic and several other influencing factors).
When injured on the job in the Steel City, you need a Pittsburgh workers’ compensation lawyer to fight for you. Let’s dive into what to do when injured and how a local workers’ compensation attorney can help.
What Does a Workers’ Comp Claim Cover in Pittsburgh, Pennsylvania?
If you’re an employee who suffered an injury at work, you may be eligible for wage-loss benefits through a successful compensation claim. Typically, these benefits equate to 66.6% of your weekly pre-tax income prior to the injury. It is important to note that the minimum and maximum amounts of these benefits can differ depending on the jurisdiction.
There are several types of workers’ compensation benefits:
- Medical Care: These benefits cover the essential medical and surgical treatments needed for recovery from a job-related illness or injury. Healthcare can include doctor visits, specialist appointments, imaging and diagnostic testing, surgeries, chiropractic care, and even medical marijuana treatment and other holistic options.
- Wage Loss Benefits: These payments serve to offset the wages lost due to full or partial disability. Your benefits could equate to about 66.6% of the weekly pre-tax income you received prior to your injury. Depending on your jurisdiction, the minimum and maximum amounts of these benefits may differ.
- Specific Loss Benefits: These are financial compensations for the loss or permanent disuse of a body part or for enduring disfigurement or scars on the head, neck, or face.
- Death Benefits: Should a worker die because of a job-related illness or accident, these payments go to their surviving dependents. The total number of fatal work injuries in the Pittsburgh area has decreased over the last few years but still remains notably higher than nationwide rates in many categories.
Why You Need a Workers’ Comp Lawyer
While employees have the right to represent themselves when filing a workers’ compensation claim in Pennsylvania, this approach can put them at a disadvantage. Law firms representing insurers work diligently to minimize benefits. Having an experienced Pittsburgh workers’ compensation attorney is essential to advocate on your behalf.
A Pittsburgh workers’ comp lawyer can help with making sure a worker or their surviving beneficiary is not taken advantage of by insurance carriers, employers, or other third-party companies by helping navigate:
- Light Duty Job Offers: These are offers from an employer to help an injured employee continue to earn income and maintain their employment. However, they must comply with the Pennsylvania Workers’ Compensation Act rules and cannot replace certain workers’ compensation benefits.
- Independent Medical Exams (IME): These exams are commonly requested by the insurance company and are an important part of the claims process. An experienced Pittsburgh work injury attorney can help walk you through what to expect as well as assist you if anything comes up during the IME that may weaken your ability to recover compensation.
- The Average Weekly Wage: Your compensation benefits are based on your weekly earnings, but there are certain adjustments allowable based on the statewide average weekly wage. A Pittsburgh workers’ compensation attorney is likely the best person to help you ensure you get the right compensation.
Hiring a workers’ compensation lawyer in Pittsburgh can also help you avoid difficulties or retaliation and get your compensation benefits on time, even during holidays.
What To Do After a Workplace Injury: 3 Steps
After you are hurt on the job, there are three important steps you need to take as soon as possible.
- Report your injury to your employer. You have 21 days to report your injury to receive full compensation for your claim.
- Seek medical attention, even if you do not think your injury is severe or in need of care. Records are critical for compensation. After visiting your care provider, Pennsylvania rules dictate that injured individuals must seek care in less than 90 days. You may visit your own healthcare provider unless your employer meets all five criteria points: accepts your claim and posts a list of six healthcare providers at work. They must also give you a written letter that you must choose a doctor on that list. Employees need to sign that list when initially hired and when injured.
Contact a Pittsburgh work injury law firm to help navigate your claim.
How To File a Workers’ Compensation Claim in Pittsburgh
When injured at work, the process of filing a claim should be straightforward. The first step is to seek emergency medical attention if needed. Next, report your injury to your employer. Remember, you have 21 days to report your injury. After 21 days, you can still report your injury (up to 120 days ), but you may not receive full compensation.
Seek medical attention: It’s wise to have a Pittsburgh work injury attorney by your side for this step. In some cases, an employer can request an independent medical examination (IME), but when they can request an IME and how many exams they can ask for vary. Your lawyer can help determine whether an IME is medically and legally necessary.
Document your progress and keep records. Record keeping is essential to the entire claims process and any appeals if necessary.
After you have reported your injury to your employer, it is up to them to report the injury on the Pennsylvania Department of Labor & Industry‘s website.
Throughout the claims process, it is in injured workers’ best interests to work with a qualified workers’ compensation lawyer. Any misstep, such as having a gap in treatment or even receiving treatment from the wrong provider, can affect your ability to receive compensation. This is why it is encouraged to work with an experienced local workers’ compensation lawyer who can guide you through the claims process, advise you on what to do and what not to do, and prepare and file your claim for you, ensuring nothing is overlooked.
What Is a Pittsburgh Workers’ Compensation Case Worth?
All workers’ compensation cases are unique, and the results of each can change depending on your injury and its severity.
In scenarios involving partial disability, an employee may receive benefits for a duration extending up to 500 weeks under certain circumstances. The exact length of time benefits are offered may differ by region. For cases categorized as total disability, the employer or insurance provider can, in many jurisdictions, ask for a medical review. This is to ascertain whether the employee’s medical condition has improved enough to reclassify the injury as a partial disability.
Reaching out to a Pittsburgh work injury attorney is one of the best ways to help ensure you receive the maximum compensation for your claim. Plus, you can get clarification on how much you are entitled to receive.
Although excellent prior results cannot guarantee future results, Pond Lehocky’s track record of success has made us a trusted name in our community for ensuring workers receive the benefits owed without delay.
Do I Have a Workplace Injury Case?
Pond Lehocky Giordano LLP, renowned for our elite team of workers’ compensation lawyers, is committed to assisting workers injured on the job and unjustly denied their workers’ compensation rights. Harnessing our vast experience in championing worker rights, our Pittsburgh workers’ compensation attorneys shepherd clients through the often tangled and demanding process of securing the funding they need.
Our workers’ compensation attorneys manage a wide range of work injury claims, including:
- Injuries to numerous body parts, such as shoulders, back, eyes, neck, lungs, knees, ankles, wrists, feet, and hands.
- Repetitive motion injuries like tendonitis or carpal tunnel syndrome.
- Hearing impairment or loss.
- Cranial injuries like TBIs or concussions from falls or dropped objects.
- Frostbite or injuries from incidents like electrocution or machinery failure.
- Illnesses from toxin exposure, like occupational diseases including mesothelioma or black lung.
- Muscular damages, fractures, ligament tears, and herniated discs from actions like lifting or falls.
Our workers’ compensation lawyers also handle third-party claims. Even though workers’ compensation typically implies no fault on the part of employers, individuals injured in workplace accidents may pursue legal action against the manufacturers of machinery, products, or equipment that contributed to their injuries, in addition to filing a workers’ compensation claim. These third-party claims are typically based on factors like unsafe working conditions, insufficient training, or defective equipment.
Certain parameters must be met for a claim to be considered for workers’ compensation. For instance, you must be on the clock when you are injured. You must also be working in the area considered a part of your work environment.
Keep in mind that interpreting these two requirements can be broad. For instance, a fireman who suffers lung damage from smoke inhalation long after he was exposed may qualify for benefits. A healthcare worker who contracts a disease from exposure to a needle may also be entitled to workers’ compensation benefits.
If you are not sure if you have a case, contact the Pittsburgh labor attorneys at Pond Lehocky for information.
Why Might a Workers’ Comp Be Denied and What To Do About It
There are sadly times when a workers’ compensation claim is denied. Reasons for denial can possibly include:
- Not reporting the claim on time.
- Reporting a pre-existing condition that hasn’t been affected by a new injury or exposure.
- Missing crucial deadlines in your claims file.
- Being intoxicated or under the influence of illegal drugs when you were injured.
- Lacking evidence for the injury. This is why it is crucial to keep records of any and all treatment you receive.
- Presenting suspicions of an intentional injury. This is a form of insurance fraud. It also may apply to injuries sustained in fights started on the job.
At times, a claim is denied unjustly. Contacting Pittsburgh workers’ comp lawyers is the best way to get the appeals process started.
How To File a Workers’ Comp Appeal: Pittsburgh
If your claim has been denied, you can file an appeal. You have 20 days from the date of the workers’ compensation judge’s denial to file your appeal. You can file your appeal electronically or via mail.
You can file an appeal on your own by utilizing a Pittsburgh work injury lawyer is the best way to handle the process and ensure your appeal is filed timely and appropriately.
Frequently Asked Questions About Workers’ Compensation in Pittsburgh
What Do I Need To File a Workers’ Compensation Case in Pittsburgh?
Uncertain about what to do following a workplace injury? It’s vital to promptly report your injury, even if you think you might be at fault, provided no illegal activity is involved. In situations involving occupational illnesses that develop gradually, like mesothelioma, or repetitive stress injuries, such as carpal tunnel syndrome, immediate reporting upon diagnosis by a medical professional is essential.
Your employer should file your claim on your behalf, but you can also access claims forms here. Also, remember to save all of your medical records and document your progress as you receive treatment for your injuries, as these may be used as evidence of your injury later.
How Do I Find Workers’ Compensation Lawyers Near Me?
Need help finding a workers’ compensation lawyer in Pittsburgh? We have offices available to serve you, including our Pittsburgh law office, and a combined 250 years of experience fighting for the rights of the worker to help ensure your case is handled with the utmost care and importance. Our client testimonials tell the story of our dedication and success.
Pond Lehocky: Top Pittsburgh Workers’ Compensation Attorneys
When you are ready to hire a Pittsburgh work injury law firm, the choice is clear. Pond Lehocky Giordano is a full-service personal injury law firm with a special emphasis on workers’ compensation claims.
We have offices in Pittsburgh but also serve all of Pennsylvania, all 50 states, and Puerto Rico.
Connect With Pittsburgh Workers’ Compensation Lawyers
Were you injured at work? Talk to the attorneys at Pond Lehocky Giordano today and let them handle your workers’ compensation claim so that you can focus on getting better after your injury. You can call or message us for a free consultation.