Maintaining Work Injury Benefit

workers’ compensation applications can be a straightforward process. However, if your work injury was at all unusual or complicated if your claim was denied if your employer wants you to return to work before you are medically ready or if you are an attorney with questions about third-party claims or subrogation, consult an experienced work injury attorney of Gross & Kenny, LLP, in Philadelphia, Pennsylvania.

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For more than two decades, our Philadelphia work injury attorneys have dedicated their legal practice to a vigorous defense of the rights of workers injured on the job. We have extensive knowledge of the complex workings of workers’ compensation rules and regulations, and we put all our strength and skill into maximizing the amount and time period of work injury benefits for all our clients.

We encourage you to contact our offices for a free and confidential consultation if any of the following occurs and your Workers’ Compensation benefits are threatened:

  • If your claim has been denied, and you receive a Notice of Compensation Denial
  • You receive a Notice of Compensation Payable, which may be inaccurate
  • Your employer offers you a work accommodation that is “vocationally inappropriate” (in other words, your employer tries to force you to return to work in a job that you are under-or overqualified for)
  • Your employer tries to cancel or stop your benefit checks because you refuse to accept a new job posting that you are over-or underqualified for
  • Your employer tries to cancel your work injury benefits without first filing a Termination Petition, Modification Petition, or Suspension Petition and holding a hearing
  • Your employer or your employer’s insurance company offers you a compromise and release settlement of your workers’ compensation benefits in place of weekly payments
  • You are informed that you have a 500-week limitation of your Temporary Total Disability benefits as a result of an impairment rating evaluation

The Workers’ Compensation Process

You will need to take some critical steps when you have been injured in a workplace accident or begin to experience symptoms. You need to seek medical treatment immediately, whether it be through your doctor or an employer-approved physician. It is essential your employer immediately of the accident that caused your injuries or as soon as you experience symptoms of a repetitive injury. It is best to inform them in writing, but this may not be possible during an emergency. You will also need to contact a Philadelphia work injury attorney, so your rights are
protected.

Insurance companies will often try to have you sign statements, waivers, and settlements as soon as possible. While you might think they are doing the right thing, they are keeping more money in their pockets. You have rights when filing a workers’ compensation claim in Philadelphia.

You have the right to obtain benefits when you are injured at the workplace, including wage loss benefits and medical coverage paid for by your employer and their insurance company. You also have the right to negotiate a lump sum settlement if your case calls for it. This can be determined with the help of a Philadelphia work injury attorney. If your claim is denied, you have the right to a hearing, and the decision may be appealed.

Lastly, you have the right to recover from your injury. If you cannot perform your job duties after an injury, your employer cannot force you to return to work before it is safe to do so. A doctor will need to release you for light-duty or regular duty, which is not your employer’s decision.

Eligibility For Workers’ Compensation

You become eligible to file workers’ compensation when you begin working at a new job. Criteria for filing a claim include:

  • Being injured in the workplace
  • Developing an occupational illness
  • An injury was aggravated while performing your job duties

It’s unlikely that you can file a workers’ compensation claim if you were injured on your lunch break or during other personal time during the workday. However, you should discuss your circumstances with a Philadelphia work injury attorney to determine if you are eligible for benefits.

Claims Against Third Parties Or Third-Party Lawsuits For A Work-Related Injury

What if a third party, unrelated to your place of work, was fully or partially responsible for your workplace injury? You may still file a workers’ compensation claim to get compensation from your employer for the injury. Nothing in the Pennsylvania workers’ compensation act stops an employee from also filing a lawsuit against the third party for careless or reckless conduct that contributed to the accident. If you decide to make a claim against the party responsible for your accident, or you decide to sue that third party, your employer has the right to get money back for what it paid on your behalf. This complicated process is called subrogation. Jeffrey S. Gross and Patrick W. Kenny, along with their associates handle subrogation claims routinely and are experienced in mastering this complex area where personal injury law and workers’ compensation law intersect. Many times a different attorney represents a claimant in the handling of the third party claim, and we are available as co-counsel in these personal injury cases to provide both short- and long-term technical assistance.

Report Your Injury on Time

You have 120 days to inform your employer of your injury or illness. However, you should not wait this long as the sooner you tell them, the better for your case. The sooner the injury is reported, the sooner measures can get you the benefits you are entitled to receive. You will then also have three years from the date of the injury to file a claim.

Keeping these deadlines in mind is essential because you can lose out on benefits if you do not file in time. If an injury is not reported within 120 days to the employer, you can lose your rights to obtaining workers’ compensation. It is essential to report your injury and contact a Philadelphia work injury attorney at Kenny & Gross, LLP, to discuss your options.

Contact Philadelphia Workplace Injury Lawyers of Gross & Kenny, LLP

Our Philadelphia work injury lawyers offer free consultations to injured workers in Pennsylvania. Call Gross & Kenny, LLP, at 215-512-1500 or contact us online for a prompt response.

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