Scranton Workplace Accident Lawyer

Getting hurt at work can be an overwhelming experience. While your Workers’ Compensation benefits could help cover the costs, the rules are confusing, and the program does not always work as it should.

A Scranton workplace accident attorney from Gross & Kenny, LLP is here to help you navigate your recovery. One of our dedicated lawyers can explain the applicable Workers’ Compensation rules and intervene if you have problems accessing your benefits.

In addition, we can review the circumstances that led to your injury. Although you cannot sue your employer in most cases, if a third party’s negligence led to your accident, you may be eligible to hold them liable in court. Contact our team today to schedule a confidential consultation.

Getting Benefits After a Workplace Accident

Almost every employer in Pennsylvania must provide Workers’ Compensation coverage for their employees. As our Scranton attorneys can further explain, your Workers’ Compensation benefits include free medical care and a partial wage if your workplace accident causes you to miss work.

You must report your injury to a supervisor or the Human Resources department as soon as possible after the incident. Seeking immediate medical care is wise, even if you do not think the injury is serious. Many injuries do not produce symptoms immediately, and continuing to work could aggravate your condition.

If a healthcare provider advises you not to work and you miss more than seven days of scheduled time, you could claim Workers’ Compensation temporary disability benefits. The program will pay you two-thirds of your average weekly wages while you are unable to work.

Common Problems Accessing Benefits

Insurance companies pay for most Workers’ Compensation benefits—and like all insurance companies, their concern is their profits, not your well-being. You can fight back if the insurer is not treating you fairly.

Filing Your Claim

You must file your claim within 120 days of the incident that caused your injury. If you file it within 21 days, you could claim the lost wage benefit retroactively. One of our diligent attorneys serving Scranton could file the initial workplace accident claim for you if you wish.

Fighting Claim Denials

If you do not file a claim within 120 days of the incident, the insurer is not obligated to pay your claim. Speak with your Human Resources department or union representative to ensure you follow the correct procedures when filing your claim.

A company might deny your Workers’ Compensation claim if it believes you are not actually injured, or the injury is not work-related. Reporting the incident to your supervisor immediately can help prove that an injury is work-related. A delay in seeking medical treatment could weaken a claim for Workers’ Compensation benefits, so it is always best to see an employer-approved Workers’ Compensation doctor immediately. You could see your own doctor if your employer does not require you to see an approved provider.

Disputes About Continuing Disability

Sometimes your healthcare provider concludes that you can return to your old job, even though you are still experiencing symptoms and do not feel ready. Workers’ Compensation might reduce or terminate your benefits in such cases.

Our Scranton workplace accident attorneys will advocate for your health and right to continued benefits. They can appeal the insurer’s decision and take all the necessary steps to ensure you receive the benefits you need to recover.

Third-Party Lawsuits May Be Possible

Many workplace accidents result from a third party’s negligence. If you slip and fall getting off the elevator at your office, the landlord might be responsible. The at-fault driver could be liable if you suffer injuries in a work-related car accident.

If a third party is liable, 77 Pennsylvania Statutes §481(b) allows you to collect Workers’ Compensation benefits and sue the third party. If one of our Scranton attorneys proves a third party’s lack of reasonable caution caused your workplace accident, they could be liable to cover the following:

• Medical expenses, including any alternative or supplemental therapies Workers’ Compensation did not cover
• Lost wages, including the portion that Workers’ Compensation does not cover
• The value of any sick time you used while recovering
• Incidental costs like mileage, household services, and similar expenses
• Property damage
• Non-economic damages like inconvenience, disability, emotional suffering, physical pain, and disfigurement

The Workers’ Compensation insurer could seek reimbursement for its costs from the settlement or verdict.

Workers’ Compensation is a no-fault program, meaning you will receive benefits even if the accident was wholly or partially your fault. If you bring a third-party action, fault counts; if you were more than 50 percent responsible for the incident, you cannot collect damages. Following a workplace injury, our seasoned attorneys will discuss the role of comparative negligence when deciding whether to bring a lawsuit against a third party in Scranton.

Rely On a Scranton Workplace Accident Attorney from Gross & Kenny, LLP

In addition to the pain and inconvenience, work-related health conditions can cause extreme financial stress. Consider seeking help from an aggressive legal professional when an insurer denies you the benefits you have earned.

Our Scranton workplace accident attorneys are dedicated to assisting injured workers just like yourself. We will pursue every avenue to help you secure the benefits you need to set things right. Contact Gross & Kenny, LLP today to speak with a committed legal advocate.