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    Archive for December, 2022

    Can I Get Workers’ Comp Benefits After Being Terminated in Pennsylvania

    If you have been terminated from your job but believe you are entitled to workers’ compensation, the Pennsylvania workers’ compensation attorneys at Vanasse Law, LLC have helped employees successfully complete the difficult and often stressful process of getting the workers’ compensation benefits to which they are entitled. Our team is here to answer any questions you might have.

    Can An Employer Fire an Employee Because of an Injury? 

    The state of Pennsylvania is one that has an “at-will” employment system in place. This means that an employee is free to leave employment at will or at any given time without reason. At the same time, employers are also able to do the same — they can release an employee at any given time. While generally, no reason is necessary, in some situations, an improper reason can be used as grounds to recover compensation. 

    Do Workers’ Compensation Benefits Stop If I Am Terminated? 

    Whether or not your termination was proper or improper, an employer is not able to escape their obligations to an injured employee by terminating them after the injury. According to Pennsylvania law, workers’ compensation benefits are not meant to stop as a result of the injured employee being terminated or laid off from employment.  

    What this means is that the insurance provider of your now former employer is obligated to continue paying you any benefits that were awarded, including wage loss and medical benefits. Ceasing your relationship with an employer after experiencing an injury that qualifies you for workers’ compensation coverage does not entitle an insurer to stop paying your benefits. 

    Who Determines When or If I Can Return to Work? 

    If you feel pressure to return to work, or your compensation was based on a refusal to do so, note that only doctors can determine your suitability for work. Contact a workers ‘compensation attorney if you are being pushed to return to work or to accept partial disability for injuries that might qualify you for complete injuries. 

    How Can a Workers’ Compensation Attorney Help? 

    It is important to understand that insurance companies do not work for injured persons; they work for profit, which is made by maximizing revenues and minimizing costs. Insurance companies deny or reduce claims to increase profits, and oftentimes, their teams of attorneys and claim analysts can be too much to handle on your own when you are trying to recover from your injuries. If your benefits have been wrongfully denied, stopped, or reduced, a PA workers’ compensation attorney can help. 

    Get Help With Your Workers’ Compensation Claim Today 

    To learn how one of the PA workers’ compensation attorneys at Vanasse Law can help you navigate the complexities of your case, visit our site to schedule your free initial consultation

    When preparing for your consultation, it is helpful to gather as much information as you can about your injury, the related costs, and why your benefits are being targeted or have been declined. We’ll review the key data about your case, and if it is something we can help you with, we will discuss how our attorney-client relationship will work. 

    Can You Be Disqualified from Receiving Workers’ Compensation Benefits in Pennsylvania?

    Through the Pennsylvania Workers’ Compensation Act, employers are generally required to carry workers’ compensation insurance to compensate employees who are injured on the job. These benefits are available for most work-related injuries and illnesses that happen while on the job or performing job-related duties. 

    If an employer fails to carry the workers’ compensation insurance required by law, employees who are injured can file lawsuits against them, and the employer can face not only state fines but also criminal prosecution. 

    While most injuries and illnesses that occur at work are covered, there are ways that you can be disqualified. A local PA workers’ compensation attorney from Vanasse Law, LLC is available to review your unique situation and negotiate the best outcome on your behalf with your employer or their insurance company. 

    Reasons for Disqualification from Workers’ Compensation Benefits in Pennsylvania 

    Injuries that qualify will ensure that you receive coverage for your medical costs linked to your on-the-job injury, as well as lost wages. However, reasons you may be disqualified and unable to collect benefits include the following. 

    Intentionally Causing Your Injury 

    Workers’ compensation is a no-fault system, which means that you are able to collect without having to prove that your employer was at fault or even that you did not contribute to your injury. However, if you intentionally caused the injury and your employer can prove this, you’ll be disqualified from receiving any coverage or benefits. 

    Intentional Intoxication While Working 

    Employees whose injuries were caused due to the use of illegal drugs and/or alcohol, or the intentional improper use of prescribed pharmaceutical drugs, will be disqualified from workers’ compensation benefits. However, please note that your employer has the burden of proving that your workplace injury was caused by such intentional intoxication. 

    Failure to Report Your Injury Sufficiently or Timely 

    Generally, employees must notify an employer of a work injury within 120 days by providing the required information and seeking the necessary medical attention; otherwise, the claim can be barred. To ensure timely reporting, employees are recommended to report their injuries within 21 days. 

    Alleging the Injury Happened Outside of Work or Challenging Your Status as an Employee 

    To escape liability, employers or insurance companies have been known to claim that an employee’s injuries happened outside of work or that the employee was an independent contractor who was not protected by workers’ compensation. These defenses are complex, and our workers’ compensation attorney can help advocate for your best interests. 

    Connect with a Pennsylvania Workers’ Compensation Lawyer to Protect Your Benefits 

    To learn how the dedicated workers’ compensation lawyers from Vanasse Law, LLC can help you overcome any challenges to your benefits that could disqualify you, visit our site to schedule your free initial consultation.