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What Does a PA Workers' Compensation Attorney Do?

What Does a PA Workers' Compensation Attorney Do?

What Does a Workers' Comp Lawyer Do?

Workers' compensation law is one of the most complex areas of insurance law. There are literally thousands of pages of statutes, regulations, case law, and administrative rulings governing workers' compensation claims.

A workers' comp lawyer helps injured employees navigate these complicated laws and rules. They represent employers and insurers in workers' compensation cases. Workers' compensation lawyers typically specialize in representing employers and insurers in workers' compensation cases. They may also represent individuals who have been hurt on the job.

Injured workers often seek out a workers' comp lawyer after an accident occurs. An attorney can help you understand what happened, whether you're entitled to benefits, and how much those benefits will be. When you hire a workers' comp lawyer, they will review your claim file and medical records. This gives them a better understanding of what happened and what injuries were sustained.

What Are the Benefits of Workers' Compensation in Pennsylvania?

Workers' compensation insurance protects employees against workplace injuries and illnesses. It covers medical expenses, lost wages, and disability payments. In addition to providing benefits to injured workers, workers comp provides protection to employers. Employers pay premiums to cover the costs associated with claims filed against them.

There are two types of workers' compensation coverage available to businesses: commercial and self-insured.

  • Commercial insurance 

Commercial insurance is provided by an insurer. Self-insurance is handled by the employer.

  • Self-insurance

Self-insurance is generally cheaper than commercial insurance. However, it may be difficult to find affordable rates.

What Are the Most Common Work Injuries?

In fact, according to the Bureau of Labor Statistics, there were over 1 million nonfatal occupational injuries and illnesses reported in 2016 alone.

But what exactly are these common workplace injuries? 

  • Musculoskeletal Disorders
  • Falls
  • Car Accidents
  • Electrical Shock
  • Chemical Exposure
  • Burns

Local medical offices that treat work-related injuries:

  • Star Wellness Family Practice - Allentown
  • Access Physical Therapy & Wellness
  • Health & Wellness Center at Cedar Crest
  • Pennsylvania Injury & Wellness Center

How Do I Apply for Workers Compensation in Pennsylvania and Handle Disputes?

There are two types of workers' comp coverage: employer liability and no-fault.

  • Employer liability

Employer liability means that the employer is responsible for paying benefits regardless of whether the injury was caused by negligence.

  • No-fault

No-fault means that the employer is not liable unless the worker proves that his or her injuries were due to the employer's negligence.

In Pennsylvania, employers are required to provide workers' compensation insurance to their employees. This is called the "compensation law." However, there are exceptions to this requirement. For example, self-employed individuals do not have to buy workers' compensation insurance.

To apply for workers' compensation benefits, you must file a claim within one year after the accident occurred. There are three steps involved in filing a claim:

  • Step 1: File a report with the Bureau of Worker's Compensation.
  • Step 2: Submit a claim form to the insurer.
  • Step 3: Wait for the insurer to pay benefits.

When you file a claim, you should give the insurer information about the accident. The insurer will then investigate the claim. 

Should I Hire a Workers' Comp Attorney After a Work Injury?

Workers' compensation attorneys are there to protect injured workers. They're paid to represent injured employees and ensure that employers pay benefits after an injury occurs.

Employees can hire their own worker's compensation lawyers. This means that an employee can choose to file a claim against his employer without first consulting a workers' comp attorney, but he still has to follow the rules set forth by state law. For example, an employee cannot sue his employer unless he files a claim within two years of the accident. He also cannot sue his employer until he receives a final decision from the Department of Labor and Industries.

An employee can hire a worker's comp attorney to help him navigate these legal requirements. However, he should understand that hiring a worker's comp attorney does not mean that he automatically wins his case. A workers' comp attorney is hired to win cases. If an employee loses his case, then he won't receive any money. The workers' comp attorney gets paid whether or not the employee wins his case. This means that an employee should consider hiring a worker's comp lawyer if he thinks that his employer may deny his claim.

Additionally, if an employee was injured off the job and wants to sue his employer, then he needs a workers' comp attorney because he must prove that his injuries were caused by his employer.

How Can Our PA Workers Comp Lawyers Help You?

Our Pennsylvania workers' compensation lawyers are here to help injured employees and their families recover lost wages and medical bills. We offer free consultations and work on a contingency basis, meaning you do not pay unless you win. 

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David Petrone
Date Published: July 11, 2022
David Petrone is a personal injury attorney at Justice Guardians.
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