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Though many people in Pennsylvania are aware that they may be entitled to some form of workers’ compensation benefits in the wake of a work-related accident, the details can be rather murky and confusing for those who are unfamiliar with the process of securing such benefits. Workers’ compensation offer injured workers an important opportunity to obtain adequate recompense for their losses, and to help them smoothly reintegrate into their various work, personal, and social lives. As such, it’s absolutely worth consulting a Lancaster job injury lawyer for guidance on how to proceed.
Attorney Mike Vanasse has practiced exclusively in the area of workers’ compensation for nearly three decades, giving him a deep understanding of what is necessary to effectively advocate on behalf of injured clients. Over the years, he has tirelessly advocated for his clients and developed a winning reputation in the workers’ compensation arena.
Curious about how we can help? Contact Vanasse Law, LLC for immediate assistance.
If you’re currently exploring the possibility of pursuing a workers’ compensation claim, then there are a number of legal considerations to keep in mind. Depending on the circumstances surrounding your case, they may prove a hindrance or an opportunity.
Under Pennsylvania law, any and all employees are eligible to receive workers’ compensation benefits if they have suffered a work-related injury (i.e., on-site or within the course and scope of their employment). Importantly, this eligibility does not extend to workers who are not defined as employees. For example, if you are engaged with an employer as an independent contractor, then you may not be eligible to receive workers’ compensation benefits.
Employers are immune from liability for their own negligence, as workers’ compensation laws prohibit lawsuits against the employer (except where the employer has engaged in intentional misconduct or conduct with a reckless disregard for the safety of others). As you are limited in bringing an action against your employer, you may want to consider a lawsuit against a liable third-party in order to secure non-economic damages that are not provided for by workers’ compensation.
Workers’ compensation benefits are paid out pursuant to “strict liability” principles. In Pennsylvania, you can recover workers’ compensation even if you are partially or wholly at-fault for your own injuries. There are still prohibitions on recovery related to fault, however. If you intentionally caused your own injuries, were engaged in illegal activities, or were intoxicated at the time of the accident, then you may not be entitled to workers’ compensation benefits.
If you’ve been injured in a work-related accident, then it’s important that you consult a worker’s compensation lawyer for comprehensive guidance on procedural matters. Failure to move forward with your claim in a manner that complies with workers’ compensation laws could lead to additional setbacks.
In Pennsylvania, you must give notice to your employer (regarding your work-related injury and intention to pursue a workers’ compensation claim) within 120 days. If you do not do so, then you may be declared ineligible for benefits.
At Vanasse Law, LLC, we can help you secure the workers’ compensation benefits you need to cover your losses after a work-related accident. We are committed to investing our time and resources into each of our clients, and to ensuring that their interests are properly represented at every stage of the process, whether submitting a claim or challenging the denial or mishandling of said benefits.
Ready to speak to an experienced Lancaster job injury lawyer to learn more about your claim and what you can do to move forward? We encourage you to arrange a free initial consultation by calling 717-397-1010 or contacting us online.