Pennsylvania Workers’ Compensation and Coronavirus FAQ

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Home > Practice Areas > Workers’ Compensation > Why You Need a Workers’ Comp Attorney

WHY YOU NEED A WORKERS’ COMP ATTORNEY

Do I need to hire a workers compensation attorney for my work injury claim? 

Oftentimes, injured workers are reluctant to hire an attorney to assist with a work injury claim for any number of reasons. Do any of these sound familiar?

You might be doing yourself a disservice by managing your workers’ compensation matter on your own. Here’s why…

My boss is a good friend of mine.

That’s wonderful, but having a friendship with your employer does not negate that you had an injury at work. The workers’ compensation system was established by law in Pennsylvania to protect employees and employers alike. It is the exclusive remedy following a work injury, meaning that employees must make a workers’ compensation claim and may not sue the employer for tort liability.

I don’t want to sue my boss.

Employers are required by law to carry workers’ compensation insurance. When you report a work injury, the employer’s insurance company must accept or deny it as a compensable work injury. If your employer’s insurance issues a Notice of Workers’ Compensation Denial then you may file a claim petition for a workers’ compensation judge to decide whether or not you are entitled to benefits. Filing a claim petition is more akin to filing an insurance claim after a car accident or house fire. You are not “suing” the employer in open court for tort liability, and you are not seeking pain and suffering damages because under the Workers’ Compensation Act, the only benefits available are medical treatment, wage loss, and specific loss. Specific loss refers to a permanent disfigurement such as loss of a limb or a permanent scar.

I have my own health insurance.

You should not have to use your personal health insurance to treat a work injury. Even if you have personal health insurance, there will still be costs associated with getting treatment including copays for office visits, or prescription costs. Oftentimes if your personal health insurance finds out that it was a work-related injury they will deny payments because it is supposed to be handled by your employer’s insurance company.

I don’t want to get fired.

You might be curious about your rights as an injured worker but hesitant to pick up the phone and call us for fear that your employer will retaliate against you. This is understandable, however, hiring an attorney does not mean you will definitely lose your job, nor is the opposite true. A great deal of our clients have made a successful return to their jobs following a work injury.

I am not looking for a handout.

Workers’ compensation is not a handout. As an employee, you are covered under your employer’s workers’ compensation from the very first day of employment. If you are injured while carrying out your work duties and furthering the business of the employer, your time off work and medical treatment should be covered under the employers’ insurance.

LEGAL HELP FOR A FRUSTRATING PROCESS

Do you need a lawyer to receive workers’ compensation benefits? It depends.

When an employee is injured at work, many times the employer will recognize the injury as a compensable work injury and pay you lost wages if you have to miss time from work, and direct you to get medical attention at the employer’s expense. This is what you are entitled to under the Workers’ Compensation Act of Pennsylvania. All too often, however, employers refuse to recognize a work injury as compensable, refuse to pay you while you are out of work, or refuse to help you find the right medical care. By hiring an attorney early on in the process, you can focus on healing from your injury, and let the attorney handle the legal aspects of your claim.

Do you need a lawyer to protect your rights under the Workers’ Compensation Act of PA? For many people, yes.

Even though your employer has the best intentions, they are usually not the ones directly handling your workers’ compensation claim. Instead, your claim is managed by a claims adjuster who works for the employers’ insurance company. An experienced workers’ compensation attorney will be able to assert your rights in the event that your workers’ comp rate is incorrect, or if you attempt to go back to work and are unable to perform your job due to your work injuries.

PUT YOUR FAITH IN OUR EXPERIENCE

At Martin Law, we don’t “dabble” in Workers Compensation cases. Our focused knowledge of the law and the process enables us to put our clients in the best position to win benefits. Our personal attention and follow-up gives clients hope and guidance during the process.

Martin Law takes pride in protecting workers and their families. All of our partners are certified specialists in Pennsylvania Workers’ Compensation by the PA Bar Association’s Section on Workers’ Compensation Law as authorized by the PA Supreme Court and strive to provide the best representation possible for every client. For nearly four decades our PA workers’ compensation lawyers have helped injured workers receive compensation to cover medical expenses, pay household bills, and put their lives back together again.

Call our certified lawyers at 215.587.8400 after your injury — before your claim is denied. We offer a free consultation, with several locations in the Philadelphia area and surrounding counties of southeast Pennsylvania. We also have Spanish speakers on staff.

LET US EVALUATE YOUR CLAIM —FREE— 215.587.8400

AWARDS & ACCOMPLISHMENTS

The workers’ compensation attorneys at Martin Law have received numerous honors and awards—from other lawyers, neutral third-party publications and trusted consumer organizations. The achievement we are most proud of is simply being able to help the many decent, hardworking people who have suffered the misfortune of a work injury.