Table of Contents
If you have been injured in a workplace accident, you might be faced with medical bills, pain, mounting debts, and other new challenges. At Pond Lehocky, our Erie workers’ compensation lawyers help you face the future with confidence. Our attorneys are skilled and fearless advocates on behalf of injured workers.
A workers comp lawyer can represent you throughout every stage of your claim, from negotiating with the insurers, collecting and presenting evidence, connecting you to medical experts, as well as representing you in court if necessary. Pond Lehocky is the largest workers’ compensation and Social Security disability law firm not just in PA, but in the country. We have earned this national recognition because of our tireless work on behalf of the injured.
We are trusted advocates with deep roots in the medical community as well as ties to local PA unions. If you need help, a first consultation with one of our expert Pennsylvania workers comp lawyers is free.
Erie Workers’ Compensation Lawyer Near Me
Our Pennsylvania offices are anchored in the local community, having been recognized by the Philadelphia Inquirer as well as the Philadelphia Business Journal. Our PA office has recently been featured on 6ABC for donating and delivering meals to JeffSTAT EMTs during National EMS Week.
Do I Need a Lawyer to File for Workers’ Compensation in Erie, PA?
Because it can involve allegations of fault as well as distracted behavior, filing a workers’ compensation claim can be more akin to reporting a car accident than making a claim on your homeowner’s insurance. In Pennsylvania, workers are covered regardless of if the accident was due to their negligence. For instance, if you fall or slip at work, even if the injury occurs while you are not paying attention, your workers’ compensation insurance should cover the costs of your injury.
There are limited exceptions, but often, employers and insurers attempt to take advantage of these scenarios to avoid paying the full amount that is due. For instance, if your employer alleges the accident occurred on purpose, while under the influence of drugs, or while starting a fight, your claim can be denied by the insurance company and even leave you out of work. You might be told you do not qualify as an independent contractor, or be offered a smaller settlement than you deserve. At times our clients report being harassed by insurance companies who delay payments around the holidays or purposefully give them misleading information. You may need to submit to cross-examination, undergo additional medical scrutiny, and attend multiple hearings in order to recover funds.
When these challenges are put in your way, a workers comp attorney stands by your side to fight for your rights. Workers’ compensation lawyers in Pennsylvania can help you secure the full amount of payments as well as seek out additional benefits you might not realize you are eligible to file for. When negotiating with insurance companies, having an attorney by your side can prove that you are serious about your claim.
How Do You Get Started with a Workers’ Comp Claim in Pennsylvania?
PA workers comp insurance covers injuries, accidents, and illnesses that happen from day one on the job onward. If you suffer a work-related injury, your employer is required by law to cover all reasonable costs as well as a percentage of your lost wages. This can include prescriptions, hospital expenses, orthopedics, chiropractor services, surgical expenses, and diagnostic testing.
Report Your Injury or Illness Right Away
Reporting accurately and promptly can help strengthen your claim. In Pennsylvania, workers must report an injury within 21 days to their supervisor. This claim must be made to management, and not just to a fellow coworker or customer.
If more than 21 days have passed since the date of the accident, contact a workers comp attorney in PA. You may be able to file a claim within the 120 extension period after the injury, but the total amount you can receive may be reduced.
Seek medical attention from a qualified doctor right away after an accident or injury. Your employer should provide a list of covered doctors under their workers’ compensation plan for non-emergency treatment within the first 90 days of the accident. Follow all of the doctor’s orders, and keep all receipts that are connected to your care.
Once Reported, Your Employer Should File a Claim
Make your report in writing to your employer, and ensure that you keep a dated copy for your records as well. Once you have notified them of your accident, it is your employer’s responsibility to notify their workers’ compensation insurance about the details. They will file a form with the Workers’ Compensation Bureau called a First Report of Injury.
If your employer does not do so, do not wait to contact a workers comp lawyer. There is a limited period to file for insurance coverage. Your employer may be attempting to run out the clock or argue that something you did in the additional period is responsible for your injury. These tactics can reduce your claim or result in denial without the help of a PA workers comp lawyer.
Wait for a Response
Your employer’s workers’ comp insurance company has 21 days from the day of notification to either approve, deny, or announce their intent to investigate your claim. If they choose to investigate further, there is an extension period of an additional 90 days for them to do so.
If you receive a denial, are being harassed with invasive tactics, or do not get approved for the full amount you need for your injury, you may be able to file what is called a Claim Petition for Workers’ Compensation with the Bureau. You will be able to work with a PA workers comp lawyer to file as well as to represent you in the hearing, mediation, or settlement conference that may result from your claim. Filing must be done within 3 years to qualify.
Workers’ Compensation in Erie, PA FAQ
Here are some of the common questions we receive from potential clients. If you have questions we don’t answer here, contact us for a free consultation.
Can I Appeal a Workers’ Comp Claim Denial in Erie, PA?
Yes. Within 3 years of the date of the accident at work, you have the right in Pennsylvania to file an appeal for a denied workers comp claim. Your case will be heard before a workers’ compensation judge and can involve many of the traditional elements of a trial, such as filing paperwork, collecting evidence, and working with legal representation.
If your first appeal is denied, you may be able to bring your case to the Pennsylvania Workers’ Compensation Appeals Board as well as the Commonwealth Court or even the Pennsylvania Supreme Court before your options are exhausted.
How Do I Know if My Condition Is Covered by Workers’ Comp?
Infectious diseases and long-term disability are covered by workers comp just as sudden accidents, falls, and certain stress-related conditions are. Examples might include asbestosis, some cancers, and black lung disease from exposure to dangerous chemicals and materials. Other claims might involve repetitive motion injuries like tendonitis or carpal tunnel syndrome.
When on-the-job exposure or conditions are the cause of injury, your claim may qualify.
What if I Have a Pre-Existing Condition?
Under PA law, pre-existing conditions do not undermine your claim for workers’ compensation. If you have a preexisting condition and your health deteriorates due to your workplace, your injury may still qualify for compensation.
How Much Money Could Get from Workers’ Comp for My Injury?
Under the Workers’ Compensation Act Sections 105.1 and 105.2, Pennsylvania’s Department of Labor & Industry has set the maximum weekly compensation for injuries at no more than $1325, representing a 4% increase from 2023’s compensation rate. Workers are also entitled to wage-loss benefits equal to two-thirds of their weekly wage, calculated inclusive of overtime, bonuses, reported tips, vacation pay, and additional benefits such as lodging.
Let an Erie Workers’ Compensation Lawyer Help You Today
A Pennsylvania workers’ compensation lawyer can advocate for you to receive all of the possible benefits to which you may be entitled. At Pond Lehocky, our team has the experience, training, and resources necessary to go head-to-head with insurance defense attorneys and employers who try to take advantage of injured workers.
Our Pennsylvania workers’ compensation lawyers have a proven track record of standing up for the injured and helping to get your future back on track. Contact us for a free consultation, and see why we are so confident in our representation that we do not charge clients a cent until we win.