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    Archive for the ‘Workers’ Compensation’ Category

    A Guide to Workers’ Compensation in Lancaster, Pennsylvania

    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.

    Understanding Workers’ Compensation in Lancaster

    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.

    Coverage

    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.

    Benefits

    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.

    Eligibility Criteria

    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.

    The Claims Process 

    Filing a workers’ compensation claim in Pennsylvania involves several key steps, from reporting the injury to receiving benefits:

    1. Report the Injury 

    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.

    2. Seek Medical Treatment

    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.

    3. File a Claim

    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.

    4. Dispute Resolution

    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.

    Speak to a Lancaster Workers’ Compensation Attorney Today

    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.

    Hurt on the Job? Get the Answers You Need From a Workplace Injury Lawyer

    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.

    What should I do if I get injured at work in Lancaster?

    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.

    What is workers’ compensation and am I eligible for it?

    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.

    Can I choose my own doctor for a workplace injury?

    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.

    What steps should I take to file a workers’ compensation claim in Lancaster?

    To file a workers’ compensation claim in Lancaster, PA:

    Report the Injury:

    Notify your employer of the injury within 21 days, providing details of the incident and your injuries.

    Seek Medical Attention:

    Obtain medical treatment promptly from an approved healthcare provider.

    Complete the Claim Form:

    Fill out the necessary workers’ compensation claim forms provided by your employer or their insurance carrier.

    Submit the Claim:

    Submit the completed forms to your employer and the Pennsylvania Bureau of Workers’ Compensation.

    Follow Up:

    Keep detailed records of all medical treatments and follow any instructions from your employer, insurance carrier, or legal counsel.

    Can I be fired for filing a workers’ compensation claim in Lancaster, PA?

    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.

    Are there situations where I can file a personal injury lawsuit instead of a workers’ compensation claim?

    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. 

    How long do I have to file a workers’ compensation claim in Lancaster, PA?

    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.

    Can an undocumented immigrant in Lancaster, PA, file a workers’ compensation claim?

    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.

    How much compensation can I receive for a workplace injury in Lancaster, PA?

    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.

    Should I hire a workers’ compensation attorney in Lancaster?

    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.

    Speak to a Lancaster Workplace Injury Attorney Today

    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.

    When to Call a Job Injury Lawyer

    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.  

    You Have Suffered An On-The-Job Injury

    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. 

    Your Job Duties Have Aggravated An Existing Injury

    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. 

    You Have Developed An Occupational Disease

    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.

    Your Employer Or Insurer Is Not Being Cooperative Or Disputes Your Claim

    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.

    The Insurer Requests A Recorded Statement

    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. 

    You Should Call A Lancaster Job Injury Lawyer When You Don’t Know What Your Claim Is Worth

    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. 

    Your Employer Threatens Retaliation For Your Filing A Claim

    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. 

    Your Workers’ Comp Claim Has Been Denied or Benefits Terminated

    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. 

    You Are Not Receiving The Medical Care You Need

    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. 

    Your Injuries Are Catastrophic

    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. 

    Contact Vanasse Law, LLC, to Speak With A Lancaster Job Injury Lawyer

    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.

    What You Can Do To Prevent The Denial Of Your Pennsylvania Workers’ Compensation Claim

    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. 

    Report Your Injury

    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.    

    Seek Immediate Medical Care

    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. 

    Identify Witnesses/ Photographic Evidence

    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.

    Follow Through With All Appointments & Care

    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.  

    Keep Copies of Everything

    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. 

    Stay Off Social Media & Keep Quiet

    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.    

    Address Past Injuries

    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. 

    Do Not Give An Official Statement Or Sign Anything Without Counsel

    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.

    Retain A Lancaster Workers Comp Lawyer

    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.

    Report Concerns To Your Lancaster Workers Comp Lawyer

    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. 

    Speak With An Experienced Lancaster Workers Comp Lawyer At Vanasse Law LLC

    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. 

    Reopening a Closed Workers’ Compensation Case In Pennsylvania: What You Need to Know

    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. 

    Why Workers’ Compensation Cases Are Closed

    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. 

    A Lancaster Work Injury Lawyer Explains the Reasons Why a Workers’ Compensation Claim Can Be Reopened

    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. 

    How To Reopen A Closed Workers’ Comp 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.  

    The Importance of Medical Records In Proving A Case Should Be Reopened

    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. 

    Benefits Available In a Reopened Workers’ Compensation Case

    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. 

    Consult with a Lancaster Work Injury Lawyer at Vanasse Law, LLC About Reopening Your Workers’ Comp Case

    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.   

    What Your Pennsylvania Workers’ Compensation Attorney Wishes You Knew Before Filing For Benefits

    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. 

    You Must Seek Medical Care From An Approved Physician

    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 Qualifies for Workers’ Compensation Benefits

    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:

    • Injuries that you inflict upon yourself
    • Injuries that are caused by your illegal conduct, such as the consumption of illegal drugs
    • Injuries that are caused due to your own negligence
    • Injuries that are caused by a third-party

    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. 

    You May Be Able to Sue Responsible Third-Parties, But Not Your Employer

    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.

    Nothing Happens Overnight

    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. 

    You Must Report Your Work-Related Injury or Illness

    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. 

    You Can Receive Other Benefits

    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. 

    You Need a Lancaster Workers’ Comp Lawyer On Your Side

    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. 

    Speak With A Lancaster Workers’ Comp Lawyer at Vanasse Law, LLC

    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. 

    5 Types of Injuries That You May Not Realize Can Qualify For Workers’ Compensation Benefits

    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.    

    #1 Pre-Existing Conditions

    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. 

    #2 Repetitive Injuries

    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:

    • Manufacturing jobs
    • Office and clerical jobs
    • Construction jobs

    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:

    • Loss of sensation
    • Tingling
    • Muscle weakness
    • Pain
    • Throbbing

    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.

    #3 Off-Site Injuries

    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. 

    #4 Occupational Diseases

    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. 

    #5 Loss of Hearing & Vision

    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. 

    Consult With An Experienced Lancaster Workers’ Compensation Attorney At Vanasse Law, LLC

    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.

    I’ve Won My Pennsylvania Workers’ Comp Case. What Happens Now?

    If you have been approved for workers’ compensation benefits in Pennsylvania, congratulations! It can be a long road! Unfortunately, there are still decisions to be made, and you will need to continue to comply with certain rules to continue receiving your benefits. Our Lancaster work injury lawyer explains more below. 

    You Will Begin To Receive Benefits

    Workers’ compensation is designed to assist an injured worker with their medical costs and other costs of living while they recover from their work-related injury. Winning your case and receiving your benefits is a time of relief and allows you to concentrate on your healing. Having a Lancaster work injury lawyer from Vanasse Law, LLC, can help ensure that you receive the maximum amount of benefits available to you. 

    Medical Bills & Costs

    Your medical bills and associated costs for necessary medical treatment should be covered by your workers’ comp benefits. You should not be required to pay for any reasonable and necessary medical treatment that you receive. 

    Lost Wages

    When your injury prevents you from being able to work or from being able to earn as much as you did prior to the injury, you should receive compensation to make up for that monetary loss. Typically, this amount is ⅔ of your previous average weekly wage. Speak with a Lancaster work injury lawyer at Vanasse Law, LLC, to learn about how you can recover wages for the time you are unable to work as well as any future earnings.

    Specific Loss Benefits

    Specific loss benefits are available when your work-related injury has caused you to lose the use of certain body parts, including your legs and eyes. Amputations and disfigurement can also result in specific loss benefits. 

    Be Aware of Why Benefits Can Be Terminated

    Being awarded workers’ compensation benefits is not something that is unable to be changed (an exception could be when a lump sum settlement is received). There are circumstances under which periodic workers’ comp payments can be terminated, including those listed below:

    • Failure to comply with doctor’s orders for treatment, as well as mandated therapies
    • Being convicted of certain types of crimes, typically those that result in incarceration
    • Death, although the family of the deceased worker may be able to receive survivor benefits

    Another matter to bear in mind is that insurance companies may still take steps to find evidence that you are not injured or you or not as injured as you were found to be. They will check your social media accounts and may even hire a private investigator to follow up and ensure you are not acting in a way that shows you are not disabled.

    Your Lancaster work injury lawyer should be able to address any concerns you may have regarding your workers’ compensation benefits and the circumstances under which they may be terminated. 

    Understand That You May Still Be Able (And Expected) To Work

    Some injured workers mistakenly believe that receiving workers comp benefits means that they will no longer have to work. While this may be true in some cases, it is not in others. If you received an injury that renders you unable to perform your previous duties but does not prevent you from performing a different job, you will likely be expected to perform the new job. If you earn the same, or more, than you did at your previous position, your benefits may be terminated. 

    A Lancaster work injury lawyer can help you understand whether or not you will be expected to work and if you do, how it can impact the benefits you receive.

    You May Still Need To Submit Additional Documentation

    Being awarded workers’ compensation benefits does not end your obligation to follow the instructions of the insurance company to provide them with certain information. For example, after a certain amount of time receiving benefits, you must be re-examined by a physician to perform an impairment rating evaluation. Failure to do so can result in the termination of benefits.

    Clarify The Terms of Your Settlement

    Your Lancaster work injury lawyer is your lifeline to understanding your benefits and any obligations you may be under to receive them. If you have questions, ask for clarification. At Vanasse Law, LLC, our Lancaster work injury lawyer goes the extra mile to ensure our clients understand what they are being awarded and what, if anything, they need to do to comply with their agreement. 

    Lump Sum Settlements

    Not all workers’ compensation awards are paid on a weekly or bi-weekly basis. In some situations, it is beneficial to receive the compensation in a lump sum rather than have it paid over time. Whether or not you should receive a lump sum payment is a matter best addressed with your Lancaster work injury lawyer. They will go over your situation and consider certain matters, such as:

    • Whether or not it is likely you will need additional treatments in the future for your medical condition
    • Whether or not you are receiving any other types of benefits or have private insurance coverage
    • Exactly what is and is not included in the lump sum settlement being offered

    Speak With A Lancaster Work Injury Lawyer At Vanasse Law, LLC

    Fighting for the workers’ compensation benefits you are owed can be time-consuming and stressful. Many injured people require the assistance of a Lancaster work injury lawyer before they are approved for benefits. If you are struggling to receive the approval you need and deserve, contact Vanasse Law, LLC to learn more about how we can help. We can also speak with you regarding what you can expect once benefits have been awarded. Contact our attorney by calling 717-397-1010 or reach out via our contact page.

    How to Know If You Should Settle Your Pennsylvania Workers’ Comp Claim

    At Vanasse Law, LLC, we have represented a number of persons injured on the job in Pennsylvania and have a plethora of experience handling any issues related to on-the-job injuries. Our Lancaster job injury lawyer, Mike Vanasse, has addressed a number of concerns from persons that have questions regarding their injury and the workers’ compensation process. One of the most common queries he receives is how can a claimant know if they should settle their claim. The following are ways to know whether or not you, the claimant, should settle your workers’ comp claim.

    Strength Of Your Case

    Every workers’ compensation case is different and it is the details that typically determine how strong a claim you have. When the case is strong and the evidence is overwhelmingly in your favor, it may not be a good idea to settle. However, if your evidence is weak and you are not sure how a judge would rule, it may be in your best interest to settle your claim. 

    Evidence that is considered in a workers’ comp claim includes the credibility of the doctor. Will the doctor whose testimony you are relying on be a convincing witness during litigation? Also, are your medical records thorough and do they solidly back your claim? Does the insurance company have surveillance that shows you acting in a way that contradicts the extent of your injuries? These are all matters to consider when a settlement offer is on the table. 

    It can be very difficult to judge the strength of your own case, which is why having a Lancaster job injury lawyer on your side that knows the factors that matter is so essential. 

    Your Ability To Work & Your Prognosis

    Whether or not you are able to work and your future prognosis can have an impact on whether or not your should settle your workers’ compensation claim. If you are facing a poor prognosis and do not want the stress that can accompany a litigated claim, it may be in your best interest to consider a settlement. Doing so can prevent you from having to worry about what the future holds for you and your loved ones financially. In these cases, it is best to consult with your Lancaster job injury lawyer as well as your doctor regarding your medical prospects and what is best for your health.

    In some cases, the insurer will stipulate that as part of the settlement, you must resign from your position permanently. If you are so injured that you cannot perform your previous employment duties, this may not be a point of contention. However, if you enjoy your job and are still able to perform your duties, you may not be willing to resign which would mean that a settlement would not be in your best interest.  

    The Settlement Amount Offered

    This may seem obvious, but whether or not you should accept a settlement offer depends largely on the amount of the settlement offer when compared with many other considerations, including:

    • Future medical treatments that will be required
    • Future therapies that will be required
    • Future medications that will be required
    • Your ability to work in the future
    • Your earning capacity if you are able to work
    • Other compensation that may be available to you, such as funds from a third-party personal injury lawsuit
    • Other benefits that may be available to you, such as Medicare and Social Security Disability Insurance
    • Outstanding medical bills and whether or not they are paid in full
    • Your financial situation excluding the settlement funds; in other words, is the settlement money needed ASAP?
    • The type of job you performed

    Carefully considering all these factors and more is the best way to determine whether or not you should accept a settlement offer from an insurer. A Lancaster job injury lawyer from Vanasse Law, LLC, can help you determine what your claim is worth and whether or not the settlement offer you received is high enough to consider settlement. 

    Listen To Your Lancaster Job Injury Lawyer 

    We cannot overemphasize the importance of seeking a professional legal opinion from a Lancaster job injury lawyer. Once you have settled the case, and a judge has signed the settlement, there is no ability to un-do the settlement if you later change your mind. Having a lawyer that understands the workers’ comp process review your case is the best way to be certain that you are not giving up any rights you should retain and that you are not leaving money on the table.   

    Many injured workers avoid consulting with a lawyer because they mistakenly believe they will have to pay the attorney up-front for their services when in reality workers’ comp lawyers generally work on a commission basis. This means that if you do not get paid, your lawyer does not get paid. Also, it means that the more you get paid, the more your Lancaster job injury lawyer receives as well, which can be very motivating. 

    Workers comp is a niche area of the law, which means that there are nuances you will not know about that your attorney will be aware of. The insurer is aware of this as well, and when you have a lawyer, they are more likely to treat your case seriously. Having a lawyer will also place you on equal ground with the lawyers from the insurer and is the best way to receive the highest settlement amount. 

    Meet Mike Vanasse, an Experienced Lancaster Job Injury Lawyer

    If you or a loved one has been injured on the job in Pennsylvania, you need the representation of an experienced Lancaster job injury lawyer. Mike Vanasse of Vanasse Law, LLC, has over 25 years of litigating workers’ comp claims under his belt and he can put that experience to work for you. He can be reached by calling 717-397-1010 or via our contact page.

    9 Common Reasons Workers’ Compensation Claims Are Denied In Pennsylvania

    When you have suffered a work-related illness or injury, you need your workers’ compensation benefits to help support you and your loved ones while you recover. This is why it is so disheartening and overwhelming when your claim for benefits is denied. Fortunately, the attorneys at Vanasse Law, LLC, can help you appeal your denial so that you can receive the benefits to which you are entitled. Reach out today to speak with a Lancaster workplace accident attorney.

    The following are common reasons why workers’ compensation claims are denied. 

    #1 You Have A Pre-Existing Condition

    You may have your claim denied because the insurer maintains that the condition for which you are making the claim existed prior to when the accident or injury related to your employment occurred. However, the fact that you have suffered from the condition before is not an automatic bar to benefits, and if your claim is denied, you should speak with a Lancaster workplace accident attorney.   

    #2 You Missed Deadlines

    There are important deadlines throughout the claims process which must be met or your claim for benefits may be denied. For example, while you should report your injury to your employer within 21 days to receive retroactive benefits, a failure to report it within 120 days from the date of injury may result in your inability to collect any workers’ compensation benefits. Another example would be if you miss the time frame available to file your claim, which typically is three years from the date of injury. 

    It is always a good idea to speak with a Lancaster workplace accident attorney as soon as possible after your injury occurs. There are certain deadlines and time frames with which you must comply or you will not be able to collect your workers’ compensation benefits.   

    #3 You Did Not Provide Enough Proof or Information

    The insurer will require certain information regarding you and your injury before approving your claim for workers’ comp benefits. This may include an accident report, statement of wages, and medical records. Failure to provide the documentation needed to verify your claim, including proof of the injury suffered, can result in the denial of your claim for workers’ compensation benefits. 

    #4 You Did Not Receive Treatment From An Approved Medical Provider

    Within the first 90 days after your injury occurs, you must seek medical care from doctors that have been approved by your employer. If you seek care from a physician that has not been approved by your employer, you risk having the cost of that care denied by your workers’ comp insurer. 

    After 90 days you should be able to see a medical provider that you choose even if they are not considered approved by your employer. Just bear in mind that the medical care must be necessary and actually related to the work injury. Questions about coverage can be addressed with your Lancaster workplace accident attorney.

    #5 Your Injury Did Not Happen in the Scope or Course of Your Employment

    Your injury must have actually occurred in the course and scope of your employment. In other words, if you trip and break your ankle while running in your neighborhood, you will not be able to collect workers’ compensation benefits for your injury. However, if you are walking down the hall at your place of business, trip on a power cord, and break your ankle, that injury should be covered by workers’ compensation.

    However, it is important to note that if you are injured while not actually at your place of business but while you are working, you should be eligible for benefits. For example, if your employer sends you to the store to pick up office supplies and you are rear-ended on the way back to the office, you should be eligible for workers’ comp benefits for any injuries you sustain.  

    #6 The Insurer Does Not Believe You

    Sometimes the insurer will deny your claim for benefits because they do not believe you are entitled to them. They may feel that your story of what happened does not make sense or that the medical reports are incongruent with how you say the injury occurred. A lack of witnesses or any corroborating evidence of the injury can also lead to a denial of benefits. Denials, for this reason, are more common when you have delayed reporting your injury to your employer or filing your claim for benefits.  

    #7 Your Employer Disputes Your Claim

    If your employer disputes your injury or that your injury should be covered, the insurer may deny your claim for benefits. Your employer may have video footage or witnesses that do not support your version of events. Also, employers sometimes dispute claims because they do not want an increase in premiums. If your employer wrongfully disputes your claim, contact a Lancaster workplace accident attorney at Vanasse Law, LLC.

    #8 You Were Engaged In An Illegal or Irresponsible Activity

    Your work-related injury or illness claim will certainly be denied if it occurred because you were engaging in an illegal activity. For example, if you are intoxicated or high on drugs when you are injured, your injury may not be covered by workers’ comp benefits. The same can be said if you are injured while engaging in an activity that is not related to your employment or if you ignored established safety protocols. 

    #9 You Are Not A Covered Employee

    Not all workers are eligible to receive workers’ compensation benefits in Pennsylvania. Independent contractors are one group that is excluded. If you have concerns about your ability to receive workers’ compensation benefits, it is best to reach out to a Lancaster workplace accident attorney.

    Be Sure To Have A Lancaster Workplace Accident Attorney By Your Side

    If your claim for benefits has been denied, you need a Lancaster workplace accident attorney to help you with your appeal. At Vanasse Law, LLC, we are experienced attorneys that focus our practice on representing injured workers in obtaining their workers’ comp benefits. We may be reached by calling 717-397-1010 or via our contact page.