The dedicated legal team of Caputo & Mariotti
Scranton Workers Compensation Lawyers
In spite of regulations and the best intentions of employers, workplace accidents happen. Unfortunately, workers can experience serious injuries. If you or someone you know were the victims of an injury on the job, you may have entitlement to compensation.
When speaking with any of our workers' compensation attorneys, you're speaking to an attorney with experience in all types of personal injury litigation. As you can see, our injury lawyers know Pennsylvania workers' compensation law down to the smallest details. In addition, they can negotiate with the employer’s insurance company and get the best workplace injury compensation for your work injury.
When you hire a Scranton workers' compensation law firm, you're putting yourself in the best position to get a favorable result. Above all, our knowledgeable attorneys will relentlessly pursue your claim in court.
How Does Workers’ Compensation Work In Pennsylvania?
According to the 1915 Pennsylvania Workers’ Compensation Act, workers who are injured while on the job can receive compensation regardless of who is responsible for the accident. For example, you will still receive compensation after slipping on a puddle of water your employer failed to clean up just as you would if you dropped an extremely heavy box on your foot after horsing around while on the job. Not only is the law meant to protect injured workers but it also protects Pennsylvania employers -- workers will receive medical treatment and are compensated for lost wages while employers are protected from a potential lawsuit.
If you are granted workers’ compensation in Scranton, PA, you will receive the following benefits:
- Any medical expenses that accrued following a workplace accident. This can include but is not limited to, surgery, follow-up doctor visits, physical therapy, medication, and lab tests.
- Partial and full disability payments for those employees who are unable to work following the accident.
- If you received a long-lasting injury in the work accident, such as a loss of a limb, then you are eligible to receive permanent injury benefits.
- Family members may also receive death benefits if a loved one has died following a work-related injury or illness.
Workers’ compensation laws are typically very complex. Unfortunately, many of these cases don’t end favorably for the employee. In addition, if you don’t know the laws precisely, your claim can be easily stonewalled. So, as experts of workers’ compensation laws, we intimately understand the process, and we know how to secure your rightful compensation.
What Workers' Compensation Does and Does Not Cover
Workers' compensation claims do not just cover injuries that result from a workplace accident. In fact, These benefits can also cover the following:
- Occupational illnesses such as exposure to toxic chemicals
- Repetitive motion and overuse injuries. The most common example is carpal tunnel syndrome
- Any pre-existed conditions that were aggravated following a workplace incident
- Hearing loss, especially for those working in a noisy environment
- Stress-related injuries
However, there are a few injuries that workers' comp typically does not cover, such as:
- Injuries resulting in a fight or horseplay
- Self-inflicted injuries
- Injuries that occurred during your commute (such as a car accident)
- Any injury that occurred while committing a crime or violating company policies.
The Types of Workers' Compensation Claims in Pennsylvania
According to Pennsylvania law, there are six types of benefits that injured workers are eligible for:
- Temporary Total Disability (TTD) benefits are available if you are unable to return to work after an injury. If your injuries keep you from working for more than 104 weeks, the insurance company may require you to undergo an Impairment Rating Evaluation.
- After the examination, the insurance company may determine that you are eligible for Partial Disability benefits. This means you are either less than 50 percent whole body impaired or the doctor has cleared you to perform light-duty work. If the new job pays less than what you previously were making, you will be entitled to receive two-thirds of the pay difference based upon the average weekly wage up to the maximum rate of pay you received prior to your injury.
- You are eligible for Specific Loss benefits if you had lost a body part in a workplace accident. Examples include a limb, your hearing, your vision, or serious disfigurement. Specific Loss benefits are similar to TTD as you only receive these benefits for a specific time period.
- Any medical expenses that accrued because of your workplace injury will be covered. This includes any modifications that need to be made to accommodate your injury, such as a wheelchair ramp into your home.
- If you need to travel for medical treatments, these travel expenses will be covered under workers' compensation. For example, if you need to see a specialist in New York or Philadelphia.
- And finally, if you or a loved one dies following an accident while on the job, the family could receive death benefits. Payments will be made within 300 weeks of the injury and include reimbursement for funeral expenses.
What To Do If You Are Injured At Work In Scranton, PA
If you’ve suffered from a workplace injury or some type of occupational disease, follow these instructions.
Get A Complete Medical Evaluation.
First and foremost, get checked out! Get to a doctor, ER, or urgent care as quickly as possible so they can run the proper tests and find the most accurate diagnosis of your injury. While in the waiting room, if able, write down the details of your accident and try to think of any possible witnesses.
Inform Your Employer About Your Injury Or Illness.
Once your medical eval is complete, you can let your employer know of the situation and your diagnosis from a medical professional. It is the responsibility of the employer to provide the proper paperwork to the employee as well as contact the company's legal team and insurance company to report the incident. It’s imperative that you report your injury to your employer within 120 days of the accident. If you fail to meet this deadline, you may not be eligible to receive workers’ compensation.
Speak To A Qualified Workers’ Compensation Attorney As Soon As Possible.
Once you alert your place of employment of your diagnosis and they are contacting their legal team, it's important you do the same. Contact a Scranton workers' compensation lawyer like the ones at Caputo & Mariotti to help give you the legal advice you need or fight for you to get the justice you deserve.
What If Your Employer Does Not Have Workers’ Comp Insurance?
According to Pennsylvania law, it is mandatory for most employers to carry workers' compensation insurance. Failure to obtain insurance can result in a lawsuit by employees as well as criminal prosecution by the Commonwealth.
Unfortunately, many employers ignore this part of the law and do not have workers’ comp insurance. If you are injured while on the job and your employer does not have insurance, you have the option under the law to either sue for negligence or attempt to pursue a workers’ compensation claim against the employer. This is why it’s so important to speak with an experienced Scranton workers’ compensation attorney to review your options.
Can My Employer Fire Me For Firing A Scranton, PA Workers’ Compensation Claim?
The short answer to this question is no. Although Pennsylvania is an at-will employment state (i.e. your employer can terminate your employment for any reason), your employer cannot legally fire you for filing a workers’ compensation claim. If you suspect or can prove you have lost your job for filing a claim, you may be eligible to file a civil claim against your employer for wrongful termination.
What Can Happen If You Don’t Choose A Workers’ Comp Attorney?
Above all, choosing to forego hiring a qualified law firm can be a costly mistake.
To clarify, your employer's insurance company isn't inclined to inform you of all your benefits that you're entitled to. In addition, the legal system is quite complex. So, by working with workers’ compensation lawyers in Scranton, PA, you give yourself the best chance to win damages from your employer. Similarly, even if you're confident your employer's at fault, it will mean nothing if you don’t have a qualified lawyer fighting on your behalf.
There are so many obscure legal terms, procedures, and pitfalls that you must be aware of when submitting and pursuing a claim. By hiring the right workers' compensation lawyer, you bypass many of these headaches. A qualified lawyer will build your case and do everything possible to win your compensation.
A Workers Compensation Lawyer in Scranton is Ready to Fight
If you’ve been injured or have become ill at work, you may be overwhelmed with the legal process. Leverage the expertise of our law office, and put yourself in the best position to win your case. Our team of workers' compensation lawyers in Scranton, PA prides itself on being open and honest with our clients to ensure you're aware of the process every step of the way.
Over the years, the personal injury attorneys at Caputo & Mariotti have been recognized as having the best Scranton, PA workers' compensation lawyers. We work tirelessly to help you win what’s rightfully yours. We make sure the employer and their insurance company are not wrongfully denying a claim, reducing benefits, or taking other actions to exploit an employee who was injured on the job. Contact us today for a free consultation.