Disasters occurring in industrial facilities are rare. When they do occur, the outcome is often catastrophic in terms of significant property and the loss of human life. Employees of these facilities who survive a traumatic accident could be entitled to workers’ compensation benefits.
The nature of these incidents can vary dramatically, from exposure to harmful chemicals to large explosions. With the help of experienced legal counsel, an employee harmed in these accidents could pursue the workers’ compensation benefits they deserve.
There are a variety of factors that can lead to a large-scale industrial accident. Although these incidents are uncommon—particularly in Pennsylvania—the risk is always present. Often, these accidents are avoidable except for the presence of negligence.
Explosions are one of the most common types of industrial accidents. They can occur in a variety of facilities, from oil refineries to factories. While human error frequently plays a part in these incidents, they can also occur due to faulty or defective machinery or equipment.
Pennsylvania has been home to this kind of catastrophic accident. In 2019, the Philadelphia Energy Solutions refinery in Pennsylvania experienced a fire and multiple explosions. The accidental release of hydrocarbons ignited, resulting in three distinct explosions that led to a large-scale fire, sending debris flying thousands of feet into the air. There were no fatalities, with five employees suffering injuries.
Incidents at mining facilities can have severe consequences, making it one of the most dangerous professions in the United States. These accidents can come in the form of cave-ins or fires, and the close quarters within a mine frequently lead to fatal injuries. In 1962, the Centralia mine fire grew out of control that the entire borough was evacuated permanently.
Exposure to toxic or hazardous chemicals can have long-lasting consequences in the area surrounding an industrial plant. Likewise, the workers impacted by these disasters might not experience the harmful effects of that exposure right away. Instead, it could take months or years to develop symptoms of cancer or other serious illnesses.
The collapse of a factory or other type of industrial structure can result in severe or fatal injuries for all within. These accidents usually involve some kind of defect or design error in the construction of the building. However, they can also occur as the result of a secondary event like an explosion. When these incidents result in an injury, Lancaster hurt at work lawyers can help.
When it comes to employees injured in an industrial accident, workers’ compensation claims can be life-changing. These benefits are available regardless of fault, and they can provide quick relief to workers in desperate need of medical care.
The specific benefits available depend entirely on the nature and severity of your injury. While some people are able to heal up and return to work, others may live with permanent disabilities caused by the accident.
Industrial accidents often result in catastrophic, long-lasting injuries. The need for medical treatment is usually immediate and substantial. One of the major positives of the workers’ compensation system is that the insurance company will pay your medical bills directly, even in cases where you are to blame for the accident.
Unlike a civil lawsuit which can take years to resolve, these benefits are paid immediately. Workers are typically able to get the care they need without dealing directly with the cost. There is no need to pay out of pocket and seek reimbursement in the future.
The cost of medical care related to an industrial accident can continue for the rest of your life. This is the case as long as a doctor determines the treatment is medically necessary and reasonable.
In addition to the direct cost of treatment, you could also recoup any expenses related to transportation to and from the doctor. The purpose of these benefits is to allow you to get the treatment you need at no cost to you.
The workers’ compensation system also provides for lost wages in cases where an employee is too hurt to work. For those expected to return to full health eventually, they can recover temporary benefits. Long-term benefits are available for anyone who will never fully recover.
These benefits are made up of a percentage of your previous weekly wage. The amount is less than what you might recover through a successful personal injury lawsuit, but it can provide you with support after the sudden loss of income after your injury.
In the case of a fatal accident, workers’ compensation also covers death benefits for surviving relatives. These payments start with up to $3,000 in reimbursements for funeral costs. They will also replace a worker’s lost wages with a surviving spouse for a set period. Children under the age of 18 are also entitled to benefits or their own. These payments can extend until age 23 if they are enrolled full-time in an accredited school.
If you are considering a workers’ compensation claim, let a Lancaster workplace injury lawyer help. The right legal counsel can go a long way toward helping you get the outcome you deserve. Industrial accidents are traumatic events, but our team of attorneys will work with you to handle the stress of a workers’ compensation claim.
Vanasse Law is here to help you get the most out of your workers’ compensation claim. Our team of attorneys can assist you with navigating the claims process from start to finish. Contact us as soon as possible to learn more.
An injured or ill worker in Pennsylvania is entitled to workers’ compensation benefits if they can show that the cause of their injury or illness was work-related. Workers’ compensation benefits in Pennsylvania may include payment of medical bills, wage loss compensation, and other related expenses if the injured worker is unable to return to work while they are recovering. Not all workers’ compensation claims are approved, however, and many workers are frustrated when their workers’ compensation claims are denied. If you have a denied workers’ compensation claim in Pennsylvania, here are some steps that you can take to appeal that denial.
Before getting into the appeals process, let’s take a brief look at Pennsylvania’s workers’ compensation law, which provides benefits to an employee who is injured or becomes ill as a result of their employment. Specifically for Pennsylvania employees injured on the job, benefits can include:
There are several potential reasons why workers’ compensation claims can be denied. Identifying why your claim was denied can better prepare you to advocate for yourself during the appeals process. Some of the more common reasons for claim denials include:
If your workers’ compensation claim is denied, you may appeal the decision. The appeals process includes a series of steps.
The first step in appealing a denied claim is to file a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation within three years from the date of injury. The claimant (the person whose claim is denied) can file a Claim Petition (LIBC-362) on the Pennsylvania Department of Labor and Industry website.
After the Claim Petition is filed, the case will be assigned to a Workers’ Compensation Judge (WCJ) and may be scheduled for mediation. Mediation is an informal discussion between the parties, facilitated by a neutral mediator, to attempt an agreeable resolution. Some cases proceed to the hearing stage without mediation, and some do not go to hearing at all after mediation. Mediation is voluntary. However, mediation is an opportunity for the parties to come to a resolution and avoid the costs and time associated with a formal hearing.
If mediation is unsuccessful, the case will proceed to a hearing before the WCJ, at which point both parties will present evidence such as medical records, witness statements, and other relevant documentation. Having a skilled Lancaster workers’ compensation attorney by your side is highly advisable, as workers’ compensation law can be confusing.
Following the hearing (or hearings), the WCJ will issue a written decision containing findings of fact and conclusions of law that will be considered a determination of whether or not the claim is approved or denied. If the decision is not in your favor, you can appeal to the Workers’ Compensation Appeal Board (WCAB).
If you do not agree with the WCJ’s decision, you can appeal to the WCAB within 20 days from the date of the judge’s decision. The Board will look at the record from the judge’s hearing to determine if the law was correctly applied. The Board will not hear the case again and will not accept new evidence.
If the WCAB denies your claim, you can get a review of the denial through the Commonwealth Court of Pennsylvania, but you must do so within 30 days from the date of the WCAB’s decision and order. The Commonwealth Court will only review the case to make sure that the correct law was applied without reassessing whether there were any factual errors made by the WCAB.
The final stop is the Pennsylvania Supreme Court, but note that the court decides on its own which cases to hear and often chooses ones with broader legal questions and public interest.
Hire an Experienced Lancaster Workers’ Compensation Attorney
Without a knowledgeable lawyer, the appeals process can be complicated. A seasoned workers’ compensation attorney can help you navigate the process and represent your interests in Lancaster and elsewhere in Pennsylvania.
Gather Strong Medical Evidence
Get detailed medical reports linking the injury or illness to your work. The more detailed and consistent the documentation, the better.
Ensure All Deadlines are Met
Ensure that all forms and appeals are filed within the specified time limits. Missing a deadline can jeopardize your chances of a successful appeal.
Prepare for Hearings
Cooperation with your lawyer entails preparation for hearings. This includes obtaining evidence, preparing witnesses to testify, and understanding the legal arguments that will be made.
Appealing a denied workers’ compensation claim in Pennsylvania is not an easy or enjoyable process. However, once you understand the process and the procedural steps you will have to take to get your benefits, you can better prepare yourself for what lies ahead. Get the help you need after a claim denial — contact our office today for immediate assistance.
Workers’ compensation is a critical safety net for employees who suffer work-related injuries or illnesses. It ensures that injured workers receive necessary medical treatment and financial compensation without the need to prove employer negligence. However, navigating the workers’ compensation system can be complex and daunting, particularly for those unfamiliar with legal procedures and terminology. This is where the role of a workers’ compensation attorney becomes invaluable, especially in a state like Pennsylvania, with its specific laws and regulations governing workers’ compensation.
Pennsylvania’s workers’ compensation system is designed to provide benefits to employees who are injured or become ill as a result of their jobs. These benefits typically cover medical expenses, wage loss compensation, specific loss benefits, and death benefits for the families of workers who die due to work-related incidents. While the system is intended to be straightforward, in practice, obtaining these benefits can be challenging due to various legal and procedural hurdles.
A workers’ compensation attorney specializes in representing injured workers, ensuring they receive the benefits to which they are entitled. The attorney’s role encompasses a wide range of responsibilities, from initial consultations to court appearances, and includes the following key functions:
When a worker suffers an injury or illness, the first step is often a consultation with a workers’ compensation attorney. During this initial meeting, the attorney evaluates the details of the case, including the nature of the injury, the circumstances surrounding it, and the worker’s employment history. This evaluation helps determine the validity of the claim and the best course of action.
The process of filing a workers’ compensation claim involves substantial paperwork and adherence to strict deadlines. An attorney ensures that all necessary documents are accurately completed and submitted on time. This includes filing the claim with the Pennsylvania Bureau of Workers’ Compensation and notifying the employer and insurance carrier.
To build a strong case, an attorney collects and organizes relevant evidence. This can include medical records, accident reports, witness statements, and employment records. The attorney may also consult with medical experts to substantiate the severity and cause of the injury or illness.
Workers’ compensation insurance companies often aim to minimize payouts. An experienced attorney negotiates with these companies to secure fair compensation for the injured worker. This includes negotiating settlements that adequately cover medical expenses, lost wages, and other related costs.
Not all workers’ compensation claims are approved. If a claim is denied, an attorney can file an appeal and represent the worker at hearings before a workers’ compensation judge. The attorney presents evidence, questions witnesses, and makes legal arguments to advocate for workers’ rights.
In cases where disputes cannot be resolved through negotiation or mediation, a workers’ compensation attorney represents the worker at hearings and, if necessary, at trial. This includes preparing legal briefs, presenting evidence, and making oral arguments before the judge.
Workers’ compensation cases often involve complex benefit calculations and settlement negotiations. An attorney advises the worker on the types and amounts of benefits available, including temporary total disability, permanent partial disability, and specific loss benefits. The attorney also helps the worker understand the implications of accepting a lump-sum settlement versus ongoing benefits.
Pennsylvania workers’ compensation laws are intricate and subject to change. A workers’ compensation attorney ensures that the worker’s case complies with all relevant legal requirements, including procedural rules and deadlines. This helps prevent administrative errors that could jeopardize the worker’s claim.
The complexities of the workers’ compensation system and the tactics used by insurance companies make legal representation crucial for injured workers. An attorney’s expertise ensures that the worker’s rights are protected and that they receive the maximum benefits allowed by law. Without an attorney, workers may face significant challenges in understanding and navigating the system, potentially leading to inadequate compensation or denied claims.
One of the most common challenges is the denial of claims by insurance companies. Reasons for denial can include disputes over whether the injury is work-related, pre-existing conditions, or missed filing deadlines. An attorney helps address these issues by gathering evidence, filing appeals, and representing the worker in hearings.
Delays in receiving benefits can cause financial strain on injured workers. An attorney expedites the process by ensuring timely document submission and advocating for prompt benefit payment.
Some workers fear retaliation from their employers for filing a workers’ compensation claim. Pennsylvania law prohibits such retaliation, and an attorney can take legal action if an employer discriminates against or terminates a worker for seeking compensation.
For workers with permanent disabilities or those requiring long-term care, calculating and negotiating appropriate benefits can be particularly challenging. An attorney ensures that these workers receive fair compensation that accounts for their long-term needs.
The role of a workers’ compensation attorney in Pennsylvania is multifaceted and essential for ensuring that injured workers receive the benefits they deserve. From initial consultations and claim filings to negotiations and courtroom representation, attorneys provide critical support and expertise. By navigating the complexities of the workers’ compensation system and advocating on behalf of workers, attorneys play a vital role in securing fair compensation and protecting workers’ rights. Consulting with a knowledgeable workers’ compensation attorney is a crucial step toward recovery and financial stability for anyone facing a work-related injury or illness. Contact our office today to discuss the specifics of your case.
Workers’ compensation is a vital safety net designed to protect employees who suffer work-related injuries or illnesses. In Pennsylvania, as in many other states, workers’ compensation laws establish a system for providing medical treatment, wage replacement, and other benefits to eligible workers. Understanding how workers’ compensation operates in Lancaster, Pennsylvania, is essential for both employers and employees. Below, our Lancaster workers’ compensation attorney will explore the key aspects of workers’ compensation in Pennsylvania, including coverage, benefits, eligibility criteria, and the claims process.
Workers’ compensation in Pennsylvania is governed by the Pennsylvania Workers’ Compensation Act, which outlines the rights and responsibilities of both employers and employees in the event of a workplace injury or illness. The primary goal of the workers’ compensation system is to provide timely and adequate benefits to injured workers while protecting employers from costly lawsuits.
The Pennsylvania Workers’ Compensation Act applies to most employers in the state, including private companies, nonprofit organizations, and state and local government agencies.
Most employees are covered under the workers’ compensation system, regardless of the size of the employer or the nature of the work performed. However, certain categories of workers, such as independent contractors, domestic workers, and agricultural workers, may be exempt from coverage.
Workers’ compensation benefits in Pennsylvania typically include coverage for medical expenses related to the treatment of a work-related injury or illness. This includes doctor visits, hospitalization, surgery, prescription medications, and rehabilitation services.
In addition to medical benefits, injured workers may be entitled to wage replacement benefits, including temporary total disability benefits, partial disability benefits, and permanent disability benefits, depending on the severity and duration of the disability.
Death benefits may also be available to the dependents of workers who are fatally injured on the job, including compensation for funeral expenses and survivor benefits.
To qualify for workers’ compensation benefits in Pennsylvania, an injury or illness must have occurred in the course and scope of employment. This means that the injury or illness must have occurred while the employee was performing job-related duties or activities.
Injured workers must report the injury or illness to their employer within a specified timeframe, typically within 120 days of the date of injury or the date they became aware of the injury’s connection to their employment.
Employers have the right to require injured workers to seek medical treatment from a designated healthcare provider within their workers’ compensation network.
Filing a workers’ compensation claim in Pennsylvania involves several key steps, from reporting the injury to receiving benefits:
Injured workers must promptly report the injury or illness to their employer, preferably in writing, providing details of how, when, and where the injury occurred.
Employers are required to provide injured workers with a claim form and instructions for filing a workers’ compensation claim with their insurance carrier or third-party administrator.
Injured workers should seek prompt medical treatment for their injuries from a healthcare provider within the employer’s workers’ compensation network, if applicable.
The treating healthcare provider will evaluate the injury, provide necessary medical care, and submit documentation of the treatment to the employer’s workers’ compensation insurance carrier.
Injured workers or their representatives must complete and submit a workers’ compensation claim form to the employer’s insurance carrier, along with any supporting documentation, such as medical records and witness statements.
The insurance carrier will review the claim and determine whether to accept or deny benefits based on the information provided and applicable workers’ compensation laws.
If the insurance carrier denies the claim or disputes the extent of the injury or the eligibility for benefits, the injured worker has the right to challenge the decision through the workers’ compensation appeals process.
The appeals process may involve mediation, informal conferences, or formal hearings before a workers’ compensation judge, depending on the nature and complexity of the dispute.
Workers’ compensation plays a critical role in protecting the rights and interests of both employees and employers in Pennsylvania. By understanding the coverage, benefits, eligibility criteria, and claims process outlined in the Pennsylvania Workers’ Compensation Act, injured workers can access the benefits they need to recover from work-related injuries or illnesses, while employers can fulfill their obligations under the law.
Navigating the workers’ compensation system may seem daunting, but a knowledgeable Lancaster workers’ compensation attorney can help you effectively pursue your claim and secure the benefits you deserve. Through collaboration and adherence to established procedures, Pennsylvania’s workers’ compensation system can continue to serve as a vital safety net for injured workers across the state. Contact our office right away to discuss the specifics of your case.
Workplace injuries can have significant implications for both employees and employers. Understanding the legal aspects surrounding such injuries is crucial for ensuring fair treatment and appropriate compensation. Our knowledgeable workplace injury lawyer addresses some of the more common questions related to workplace injuries and the law in Lancaster, PA.
If you sustain an injury at your workplace in Lancaster or elsewhere in Pennsylvania, the first step is to seek immediate medical attention. Next, report the injury to your employer as soon as possible. Please note that Pennsylvania law requires you to notify your employer within 21 days of the injury to qualify for workers’ compensation benefits. Failure to report the injury promptly may jeopardize your ability to obtain benefits.
Workers’ compensation is a system that provides benefits to employees who suffer work-related injuries or illnesses. In Lancaster, PA, most employers are required to carry workers’ compensation insurance. If you are injured on the job, you are generally eligible for workers’ compensation benefits, regardless of fault. This includes coverage for medical expenses, wage loss, and rehabilitation services. Speak to a skilled workplace injury lawyer in Lancaster about the specifics of your situation.
In Pennsylvania, your employer or their workers’ compensation insurance carrier typically has the right to choose the initial treating healthcare provider. However, if you are dissatisfied with the care you receive, you may be able to switch to a different healthcare provider within the network. Consult with your employer or the insurance carrier for guidance on the process.
To file a workers’ compensation claim in Lancaster, PA:
Notify your employer of the injury within 21 days, providing details of the incident and your injuries.
Obtain medical treatment promptly from an approved healthcare provider.
Fill out the necessary workers’ compensation claim forms provided by your employer or their insurance carrier.
Submit the completed forms to your employer and the Pennsylvania Bureau of Workers’ Compensation.
Keep detailed records of all medical treatments and follow any instructions from your employer, insurance carrier, or legal counsel.
Pennsylvania law prohibits employers from retaliating against employees for filing workers’ compensation claims. If you believe you were terminated or faced adverse actions due to filing a claim, you may have legal recourse. Consult with an employment law attorney in Lancaster to explore your rights and potential remedies.
Generally, workers’ compensation is the exclusive remedy for workplace injuries in Pennsylvania. However, there are exceptions. If your injury resulted from the intentional actions of your employer or a third party, you may be eligible to file a personal injury lawsuit.
In Pennsylvania, the statute of limitations for filing a workers’ compensation claim is three years from the date of the injury. However, it is advisable to report the injury and file the claim as soon as possible to ensure timely access to benefits and a smoother claims process.
Yes, undocumented immigrants in Lancaster, PA, are generally entitled to workers’ compensation benefits. Pennsylvania law does not distinguish between documented and undocumented workers when it comes to accessing workers’ compensation coverage. All employees injured on the job are eligible for benefits.
The amount of compensation you receive for a workplace injury in Lancaster, PA, depends on various factors, including the nature and severity of your injury. Workers’ compensation benefits typically cover medical expenses, partial wage loss, and rehabilitation costs. Consulting with a workers’ compensation attorney can help you understand the specific benefits available in your case.
While it’s not required, hiring a workers’ compensation attorney in Lancaster can be beneficial, especially if your claim is complex or if issues arise. An attorney can guide you through the process, help you understand your rights, negotiate with insurance companies, and represent you in any legal proceedings.
Understanding your rights and obligations regarding workplace injuries is crucial for a smooth and fair resolution. If you have specific legal concerns or need personalized advice, consider consulting with a qualified workplace injury attorney in Lancaster as soon as possible.
Perhaps you have sustained a new injury, reaggravated an existing injury, or contracted a work-related illness and you are not sure what to do. Or maybe you feel like you need to file a workers’ compensation claim but your employer is encouraging you not to. There are many reasons why you should call a Lancaster job injury lawyer and the legal professionals at Vanasse Law, LLC are here to help answer your questions and address your concerns. Contact us today to learn more about our firm, and keep reading to learn more about when you should call a Lancaster job injury lawyer.
Ideally, you should contact a workers’ comp lawyer as soon as you are able to do so after suffering an on-the-job injury. This will enable you to have an experienced attorney on your side to help guide you through the entire process and ensure your case is best supported. The Pennsylvania workers’ comp process is complicated and you deserve to have someone that understands the law and how it applies to your case on your side.
Many workers wrongly assume they cannot receive workers’ comp benefits for a pre-existing condition that has been aggravated by their occupation. However, in some cases, it is possible to receive benefits. You will need to show that your job has caused your injury to worsen, and a Lancaster job injury lawyer from Vanasse Law, LLC, can help you gather the proof that is required. Contact our firm to learn more.
Some occupations require you to be around hazardous materials or other toxins that can make you ill. Pennsylvania law even has a list of diseases and illnesses that are presumed to be connected to certain occupations. For example, if you work in an occupation that carries on in compressed air and you develop caisson disease (compressed air illness), the connection is presumed. However, for illnesses and diseases not specifically listed in the act, you may be required to show the connection between your health problems and your occupation. A Lancaster job injury lawyer can help you determine your ability to collect workers’ compensation benefits for your occupational disease.
If you have already filed a claim and your employer or workers’ comp insurer disputes your claim or is not being cooperative with you, then you need to contact a Lancaster job injury lawyer from Vanasse Law, LLC. Some employers try to discourage employees from pursuing the benefits they are owed for various reasons, including a desire to keep their premiums from increasing, and insurers are often difficult to work with in order to discourage employees from pursuing their claims.
Insurers may request that you provide a recorded statement. Although this may appear to be a routine matter, you are well advised to speak with a Lancaster job injury lawyer prior to recording any such statement. You may inadvertently say something that seems innocent enough to you, but the insurer may use it to deny your claim.
When you want to determine the value of something, you ask someone who has experience and specialized knowledge about it. This holds true for workers’ compensation claims. While you may know about the injury you sustained and your job, a Lancaster job injury lawyer from Vanasse Law, LLC, can help you determine the value of your claim so that you do not settle for less than you should receive.
If your employer threatens retaliation or actually retaliates against you for filing a workers’ compensation claim, you need to speak with a Lancaster job injury lawyer. Retaliatory conduct is illegal and you need to protect your rights and ensure you receive fair treatment. While retaliatory conduct can vary, examples include wrongful termination, being demoted, or being given an unjustified negative performance review.
If your claim for workers’ comp benefits has been denied, or your approval for benefits has been terminated, you need to speak with a Lancaster job injury lawyer to find out why and determine your next steps. If your denial or termination was wrongful, an attorney from Vanasse Law, LLC, can help you fight for the benefits you deserve.
If you were injured while on the job, you should not have to worry about receiving the healthcare you need to best support your healing. Even so, some insurers may deny or delay approval of the care and medications you need. When this happens, a lawyer from Vanasse Law, LLC, may be able to assist you in obtaining the care and medicines you need when you need them.
Insurers are wary of catastrophic injuries as they can be very costly. Many employees who suffer catastrophic injuries are permanently disabled. Because of this, it is advised that you retain a Lancaster job injury lawyer to help you file your claim and ensure your rights are protected and you receive the full benefits to which you are entitled.
It can be hard to know sometimes if it is in your best interest to retain an attorney to represent you in your claim for workers’ comp benefits or even if workers’ compensation is the right route for you. At Vanasse Law, LLC, a Lancaster job injury lawyer can address your concerns and answer your questions. Contact us today to learn more about the extensive services we offer to injured workers.
When you suffer an on-the-job injury in Pennsylvania, you want to be certain you do not do anything to jeopardize your ability to collect the workers’ compensation benefits to which you may be entitled. At Vanasse Law LLC, our experienced legal professionals can assist you with the entire workers’ comp process to ensure maximum recovery. Contact our firm to schedule a consultation with a Lancaster workers comp lawyer, and keep reading to find out what you can do to help prevent the denial of your workers’ compensation claim.
It is essential to report your injury as soon as you safely can to your supervisor or the human resources department of your company. Some employees are encouraged to refrain from reporting the injury, but failing to do so can later result in the denial of workers’ compensation benefits. You will also need to file your claim for benefits. There are time limits associated with these processes, so do not delay in taking these steps.
On-the-job injuries can be very serious and emergency services will need to be called. Other injuries may not require emergency services to be summoned, but you will still need to seek medical attention. Do not ignore your injuries; thoroughly describe your injury and symptoms to your medical care provider and obtain the care you need for your well-being and healing.
When your accident occurred, there may have been witnesses present who observed how the accident happened. Be certain to obtain their contact information and jot down notes to help you remember what they saw. It is also possible that a person or other source, such as security cameras, captured your accident on film. If there are pictures or video of the accident, take the steps necessary to obtain them. If you have a Lancaster workers comp lawyer, they may be able to assist you in this process.
Even if you start to feel better or do not want to, it is important that you follow through with the instructions given to you by your medical care professionals, including subsequent visits, therapies, and medications. If you do not, the workers’ compensation insurance carrier may use that as a reason to either deny your claim or discontinue your benefits. You do not want to provide the insurance company with a reason to deny your claim.
From day one, it is important that you keep copies of all documentation you receive. This includes reports, letters, doctor’s notes, and emails. Many of our clients find it convenient to keep an accordion folder to organize all of their copies. You never know what your Lancaster workers comp lawyer will need to support your case, so it is better to have too much information than not enough. It is also a good idea to keep a notebook so that you can write down everything that happens, including important dates and conversations.
It can be tempting to discuss your accident with co-workers, friends, and family. However, it is in your best interest to only speak with your Lancaster workers comp lawyer, spouse, and medical care providers. Also, speak with your attorney prior to speaking with your doctor.
It is also beneficial to your case to stay off of all forms of social media. Insurers will check the social media accounts of persons who file claims in an effort to obtain information that contradicts their injury claim. Even if your post does not directly address your accident, the insurer may use it against you.
If you have prior injuries, especially prior injuries to the same area that has been most recently injured, be certain to address this with your lawyer and then your physician. You may still be able to recover for these injuries, but it is important that prior injuries are addressed.
The insurer or their lawyer, or another party to the case may contact you and request that you give an official statement or sign a release or other documentation as part of the claims process. It is in your best interest to speak with your Lancaster workers comp lawyer at Vanasse Law LLC before signing anything or giving any type of statement. Your attorney will be able to advise you as to whether or not you should sign, and they can handle the communication with the other party.
You do not have to go through the workers’ compensation process alone, and you shouldn’t. A Lancaster workers comp lawyer can guide you through the entire proceeding, ensuring that your rights are protected and that you are receiving the results to which you are entitled. Do not sell yourself short; obtain an experienced attorney, and listen to your lawyer. Heed their advice to best support your chances of recovery.
Issues may arise after your accident, during the claims process or even after your case has been concluded. For example, you may experience retaliation at the hands of your employer. Upset that you filed your claim, your employer may treat you unfairly or in an abusive manner. If this should happen, contact your attorney and let them know. Retaliation is illegal, and you should not have to tolerate that type of treatment.
If you have been injured on the job, you want to take the steps necessary to ensure your ability to collect workers’ compensation benefits is not jeopardized. At Vanasse Law LLC, a Lancaster workers comp lawyer can assist you with every step of the claims process. Contact us today to learn more about the extensive services we offer.
Many of our clients worry about what happens after their workers’ comp case has been closed. Is that it? Is the settlement final? At Vanasse Law, LLC, we are dedicated to assisting our clients in their fight to regain what they have lost financially. If your workers’ comp claim has been closed, but you want to know if it is possible to reopen your claim, contact our firm to speak with a Lancaster work injury lawyer. We understand workers’ compensation law and when and how to reopen a closed workers’ comp case.
In most cases, a workers’ comp claim is considered closed when you have accepted a lump sum settlement from the insurer. In these cases, it can be extremely difficult to re-open the case as part of your settlement generally includes a signed agreement wherein you agree to accept the lump sum payment as full and final payment and state that you will not seek any further benefits as a result of this injury. In these types of cases, a Lancaster worker injury lawyer may be able to assist you in having your case reopened if there is an error of some type. For example, if your benefits were incorrectly calculated or if you received the wrong diagnosis originally.
The death of the claimant is a reason why worker’s compensation benefits cases are closed. The family generally has no recourse unless the death was directly caused by the workers’ comp injury.
Other types of “closed” workers’ compensation cases are generally not as difficult to reopen as those that were caused by death or the lump sum payment in exchange for closing the case. These other types of closures include having a doctor decide that you have reached maximum medical improvement as well as receiving the maximum disability amount allowed under the Pennsylvania Workers’ Compensation Act.
The workers’ compensation system is designed to resolve matters and insurers rely upon final agreements to be just that, final. However, a Lancaster work injury lawyer from Vanasse Law, LLC, can explain to you whether or not your claim for workers’ compensation benefits can be reopened. Every case is different, and it can take a trained legal professional to determine your ability to reopen a case and receive additional benefits.
In a perfect world, once you receive your benefits for your at-work injury, you would continue to heal and all would go according to plan. Unfortunately, this is sometimes not the case and you find yourself in a position where you need additional care and assistance beyond what you have been previously awarded.
To be considered for reopening of your closed workers’ comp case, you will need to meet certain criteria. First of all, your medical condition must have become worse and the worsening must be a result of the original at-work injury. If it is not, you will not be able to recover additional benefits. For example, let’s say you hurt your wrist at work to the extent you cannot work anymore, and after months of therapy, you return to work only to have the original injury flare back up and cause you to have to stop working again. In this situation, you may be able to have your case reopened. Speaking with a Lancaster work injury lawyer will help you decide if it is in your best interest to seek additional benefits under your previous workers’ compensation case.
Meeting with a Lancaster work injury lawyer at Vanasse Law, LLC, can help you determine whether or not you have the option to reopen your workers’ compensation case. If you do, they will also be able to assist you with the entire process which usually begins with filing a petition. In your petition, you must show the extenuating circumstances that justify the reopening of your case. Without this proof, it is likely that your petition to reopen will be denied.
Medical documentation is essential to having your workers’ comp case reopened. This documentation will need to support the claims made in the petition. For example, if the claim is that the original injury never healed properly, there will need to be medical proof. Even with this documentation, however, the court may ask for additional support, such as expert testimony. The burden of proof that rests on you, the claimant, to have your claim reopened is very high. A Lancaster work injury lawyer from Vanasse Law, LLC, can provide you with the support you need to meet this burden.
In most cases, you have 500 weeks from the date you last received workers’ compensation benefits for the injury to file the petition to reopen the case. After the 500 weeks have passed, it is not likely that your case will be reopened.
The types of benefits that you may receive in a reopened workers’ comp case will vary depending on the unique circumstances of your particular claim. Possible benefits can include temporary total disability (TTD) or temporary partial disability (TPD). Even if you do not receive TTD or TPD, you may have the costs related to your necessary medical treatment covered.
Depending on the severity of the worsened condition, it may be possible to receive permanent disability benefits.
If you or a loved one is considering reopening your workers’ compensation case, you need to speak with an experienced Lancaster work injury lawyer at our firm. We focus our practice exclusively on assisting injured workers in recovering the compensation they are owed and we can advise you on the process of reopening your case. We may be reached via our contact page.
Every day, many people commute to their jobs with no expectation of suffering an injury or accident that may render them unable to continue their assigned duties. When this happens, they are often left struggling with household debt that steadily accumulates as well as doctor’s bills and other types of invoices that need to be paid.
If this has happened to you, contact Vanasse Law, LLC, and speak with a Lancaster workers comp lawyer regarding your accident and the rights you have to receive compensation. We are experienced attorneys who focus our practice on helping injured workers.
Below, we discuss some workers’ compensation aspects and characteristics that we think every person in Pennsylvania facing a workers’ compensation claim should know.
When you have an on-the-job injury, it is likely you will want to seek care from your own physician, as you have an established relationship with them and trust them to look out for your best interest. However, for the first 90 days of treatment, Pennsylvania law requires that the worker’s compensation insurance carrier and your employer dictate who treats you. After the first 90 days, you may be able to seek medical care from the doctor of your choice. Even so, your employers may still request that you attend an independent medical examination (IME).
Not every injury that you suffer will qualify for workers’ compensation benefits. There are different reasons why, and some examples of injuries that would not qualify include:
Whether or not an injury qualifies for workers’ compensation benefits is a matter that should be addressed with a Lancaster workers comp lawyer. At Vanasse Law, LLC, our attorneys can help you with this determination.
Many jobs require employees to interact with third parties and not just their employer. If your job requires you to interact with third parties, and you are injured, you may not qualify for workers’ compensation benefits. However, you may be able to pursue litigation against the responsible party to obtain the compensation to which you are entitled.
A common example would be if you are driving as a part of your employment and you are in an accident which is caused by the other driver. In this case, you may be able to sue the driver of the other vehicle or their insurance company. A Lancaster workers’ comp lawyer can advise you when you are able to pursue litigation against a third-party.
We understand that your injury or illness has likely affected every aspect of your life, including your ability to pay your bills and support your family. You need the benefits you are owed and you need them as soon as possible. At Vanasse Law, LLC, a Lancaster workers’ comp lawyer will work tirelessly to ensure you receive everything to which you are entitled. However, workers’ compensation is a process, and it does not produce results overnight. We will stay in touch with you and let you know what is happening in your case so you never feel like your needs are being ignored.
After you suffer your job-related injury, you must report the injury to your employer and you must do so within a certain amount of time. In Pennsylvania, you have 21 days to report your injury. If you fail to report it within 120 days, it is likely that your claim will be denied.
In reality, the longer you wait to report your injury the more likely that your employer or carrier will challenge your right to receive workers’ comp benefits. To keep your case strong and best support your ability to recover your benefits, it is best to report the injury to your employer as soon as possible.
Receiving workers’ compensation benefits does not exclude you from being able to receive other types of benefits as well. Social Security benefits, unemployment benefits, and disability benefits can be received for the injury as well, although they (or your workers’ comp benefits) may be reduced.
Whether or not you can receive these other benefits and the effect they may have on your workers’ comp (and vice versa) is an issue that can be addressed with your Lancaster workers’ comp lawyer at Vanasse Law, LLC.
The workers’ compensation insurance company is not dedicated to ensuring your best interest is served. They will have their own lawyer, and that lawyer is committed to representing their interests. Having your own Lancaster workers’ comp lawyer from Vanasse Law, LLC, will make certain that you have someone on your side who wants what is best for you and knows the law surrounding workers’ compensation in Pennsylvania. This is especially important as workers’ comp is a highly nuanced area of practice and knowing the law and how it is applied can have a significant effect not only on whether or not you receive benefits, but the amount of benefits that you receive.
Scheduling a consultation can aid you in your pursuit of justice and allow you to get answers to the questions you have about the process.
A Lancaster workers comp lawyer from Vanasse Law, LLC, can help you with every step of the workers’ compensation process. We are here to answer any questions you may have. Contact our firm to schedule a consultation and learn more about the services we offer.
Most people relate workers’ compensation to injuries caused by accidents on the job, such as when an employee breaks their back when falling off a ladder at work. While these types of accidents do generally qualify for workers’ comp benefits, benefits are also available to workers injured in less typical ways.
If you have questions about whether or not your illness or injury is covered by workers comp in Pennsylvania, contact Vanasse Law, LLC, and speak with a Lancaster workers’ compensation attorney.
Many employees are not aware that under certain conditions they may be able to recover workers’ comp benefits for a pre-existing condition. Benefits are generally available when your current employment has aggravated a pre-existing injury and you are able to prove that you are experiencing an increase in symptoms. The aggravation itself is viewed as a new injury and workers comp benefits may be available. It is not a requirement that the previous injury was work-related, but the aggravated condition must be related to your employment.
A Lancaster workers’ compensation attorney from Vanasse Law, LLC, can speak with you about your pre-existing condition and whether or not you are able to collect workers’ compensation benefits. Benefits could include lost wages, medical bills, medications, and doctor office visits. Documentation will be key in obtaining benefits, so be sure to maintain all medical records that prove the aggravation of your injury and provide the documentation to your lawyer.
A repetitive, or stress, injury occurs when you perform the same motion over and over again. Typically, these injuries occur over a length of time and without treatment can cause permanent damage to nerves, muscles, or tendons. These types of injuries occur in places of movement on the body, such as the knees, hands, lower back, and elbows. An example of a repetitive injury is carpal tunnel syndrome.
Certain jobs tend to have more repetitive injuries than others, including:
At Vanasse Law, LLC, our attorneys are well-versed in repetitive injuries and can assist you when you are seeking the compensation you deserve for them.
As these injuries occur over time, there are some signs that you should be aware of that can indicate you have developed a repetitive injury. These symptoms include:
If you are suffering from any of these symptoms and you think they are caused by a repetitive injury, seek assistance from your medical doctor. Then, contact a Lancaster workers’ compensation attorney.
While it is true that most work injuries occur at the place of employment, it is not required that it happen on the job site. There are situations where an employee can be injured somewhere other than work but still qualify for workers’ compensation benefits. §301(c) of the Penn Workers Comp Act states that the act is meant to apply to an employee that suffers an injury “arising in the course of his employment and related thereto.” It also states that it applies to “all other injuries sustained” “whether upon the employer’s premises or elsewhere.”
An example of this would be if an employer asked an employee to go to the post office to mail a package, and on the way to the post office, the employee was struck by a distracted driver. The employee in this situation would be acting in the course of their employment and as such, should be entitled to workers’ comp benefits even though they were not located on the employer’s premises when the injury occurred.
A Lancaster workers’ compensation attorney from Vanasse Law LLC can address any concerns you may have regarding your injury and whether or not you are entitled to workers’ compensation benefits.
Occupational diseases are illnesses that are caused by an employee’s exposure to certain toxins and health hazards due to their work environment. §108 of the Penn Workers Comp Act defines what an occupational disease under the act is, and certain diseases and illnesses are presumed to be connected to employment under certain circumstances. For example, for nurses, tuberculosis and hepatitis are assumed to be related to their occupation. For firemen with four or more years of experience, diseases of the heart and lungs are related to their occupation.
Even if a certain disease is not listed in the act as being related to a certain occupation, it may still be compensable under certain circumstances. A Lancaster workers’ compensation attorney from Vanasse Law, LLC, can advise you as to whether or not the disease you are diagnosed with is compensable under Pennsylvania workers’ comp.
Some Pennsylvania workers may be eligible to receive workers’ compensation benefits for loss of hearing and vision. For the loss to be compensable under workman’s comp, it must be for a minimum of 10%. Loss can be from long-term exposure to loud conditions or due to an accident. The cause of the loss will determine how the percentage is calculated.
Vision loss is considered a specific loss under the statute and you may be able to recover compensation for that loss. Injuries to the eye are treated just as any other injury under the workers’ comp statute.
With a loss of vision or hearing, a Lancaster workers’ compensation attorney from Vanasse Law, LLC, can help you determine the benefits to which you may be entitled.
If you have suffered an injury or accident related to your employment, and you have questions regarding your ability to recover under a workers’ comp claim, contact our firm and schedule a consultation with a Lancaster workers’ compensation attorney. We concentrate our practice on assisting injured workers and have the experience necessary to help you obtain the compensation and benefits to which you are entitled.
30 East Roseville Road, Suite C
Lancaster, PA 17601
Phone: 717-397-1010
Office Hours:
After Hours: 717-471-2168
Fax: 717-397-2644
Vanasse Law LLC is conveniently located just north of center city Lancaster just off Route 30. We are in Sterling Center just off Lititz Pike/Route 501. Our office has plenty of free parking and is handicapped accessible.
Located in Lancaster, Pennsylvania, Vanasse Law LLC serves injured workers throughout Lancaster County and surrounding communities.
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