Harrisburg Workers’ Compensation Lawyer

Martin Law understands that a workplace injury can make traveling difficult. To make legal assistance more accessible, we offer six convenient office locations throughout southeastern Pennsylvania. Each office serves clients seeking help with Workers’ Compensation, Social Security Disability, Long-Term Disability, and Veterans Benefits matters.

Employees should not be disregarded or forgotten after an accident. Many injured workers have no way to make ends meet if they cannot continue working. The vast majority of employers in Pennsylvania are required to have Workers’ Compensation coverage for injured employees. If you are hurt, an attorney can help you file a claim and get benefits to help you while you recover.

Call Martin Law at (215) 587-8400 and ask our Workers’ Compensation attorneys for a free, private legal evaluation to get started.

The Workers’ Compensation Practice and Procedure in Harrisburg

A workplace injury will interrupt nearly every aspect of your life. Along with dealing with pain and physical limitations, you will likely be unable to earn your regular income while medical expenses and everyday household costs continue to accumulate.

Notifying Your Employer

Pennsylvania law generally gives injured employees 120 days to notify their employer of a workplace injury. However, it is best to notify your employer within 21 days. Otherwise, your claims may be delayed.

Workers typically have up to 3 years from the date of the injury to file a claim. Because missing these deadlines may jeopardize your eligibility for benefits, it is important to understand your rights and take action promptly.

Your Employer Notifies Their Insurer

After you notify your employer, they must notify their insurance company about the injuries. Employers are required to report to their insurance company within 48 hours any injuries resulting in the death of an employee. All other injuries that lead to disability for more than 1 day or work shift should be reported within 7 days.

The insurance company has 21 days from the report of injury to either deny or approve the claim for Workers’ Compensation. If your claim is approved, you may not need further legal action beyond providing the insurance company information to start your benefits.

However, if your claim is delayed or denied, you should speak to our Workers’ Compensation lawyers about filing further claims.

How Long Do You Need to Be Disabled from Working?

To receive benefits, an injured employee must be disabled from working for more than 7 days, and compensation typically begins from the eighth day of missed work.

If you are unable to work for at least 14 days, you may be eligible for retroactive pay for the first 7 days of your injury.

What Qualifies as a Work Injury?

If your work causes an injury, illness, or disease, you may be eligible to collect Workers’ Compensation. This does not cover intentional, self-inflicted injury or injury that occurs because of a worker’s intentional use of illegal drugs or alcohol.

Work-Related Injuries

Work-related injuries are broadly defined as injuries that arise out of the course of an employee’s employment. This often involves injuries that happen while an employee is on duty in their normal place of work. Simple slipping or tripping accidents at the office or injuries from tools or machinery at work are common examples of compensable work-related injuries.

Injuries that happen outside of work and outside of normal working hours are often not considered sufficiently work-related. For example, if you clock out of work for a break and leave the premises to get lunch and are injured in a car accident, your injuries might not be work-related, and you might not be eligible for compensation.

Work Travel

If you travel for work, you may still be eligible for benefits even if you are injured outside your normal place of work. For example, if you are hurt in the airport while you are catching a flight for a work-related business trip, you may still be eligible for Workers’ Compensation.

Does Fault Matter?

As long as an accident is sufficiently work-related and is not the result of the victim purposefully injuring themselves, fault does not matter. An employee could be totally responsible for the accident that caused their injuries and still be eligible for Workers’ Compensation.

Can You File a Lawsuit After Being Injured at Work?

In Pennsylvania, employees hurt in on-the-job accidents are generally prohibited from suing their employers for their injuries. However, third parties who share blame for the accident and are not your employer may be sued.

Suing Your Employer

Injured employees are typically barred from suing their employers for work-related accidents. Often, Workers’ Compensation is the primary legal remedy available.

However, if your employer does not carry the insurance needed to provide Workers’ Compensation insurance, it may be possible to sue them for your damages. Alternatively, you may sue your employer if you have evidence that they deliberately caused the accident and your injuries.

Suing Third Parties

Even if you cannot file a lawsuit against the company where you are employed, you may still sue third parties. A third-party defendant is someone who is at fault for the accident but exists outside your employer-employee relationship. For example, if your injury occurred because the power tools you use for work were defective, you may sue the manufacturer of those tools as a third party.

What to Do Immediately After Being Injured at Work

Following a job-related injury:

• Obtain medical attention promptly, whether from your physician or an approved provider.
• Notify your employer as soon as reasonably possible. Although notice may be given verbally, providing it in writing creates a clearer record.
• Speak with a Workers’ Compensation attorney early in the process, particularly before signing a statement, waiver, agreement, or settlement document.

An employer or its insurer generally has 21 days to accept or deny a reported claim. If you receive a Notice of Workers’ Compensation Denial, you may file a petition requesting a hearing before a Workers’ Compensation judge. An employer may also revoke temporary acceptance of a claim within the applicable 90-day period.

Seeing a Doctor After a Work-Related Injury in Harrisburg

As mentioned before, you should go to a medical provider or hospital immediately after being injured at work. When filing your case, you may need to see a doctor from a pre-approved list, although you may also seek help from a doctor of your choosing in an emergency.

Seek Immediate Medical Attention

Go to the hospital right away, especially if the injury appears serious. If necessary, have a friend, family member, or coworker drive you to the hospital. If the accident constitutes a serious emergency, call 911.

If you wait to see a doctor, there will be a gap in time between when you were injured and when you sought help. An insurance company could use this gap to question or even deny your claim.

Whose Doctor Can You See?

In Pennsylvania, within the first 90 days of your claim, your employer can require that you choose a doctor from a pre-approved list of healthcare providers. Certain exceptions may allow you to choose your own doctor, including your employer not maintaining such a list, not providing you with a list, denying your claim, and other exceptions.

Getting a Second Opinion

If you see a doctor from a pre-approved list provided by your employer, it is a good idea to get a second opinion from a doctor of your own choice. While you may be required to see a pre-approved doctor, you are not restricted from also seeking medical attention from another doctor. Get a second opinion as soon as possible. However, it is important to understand that payment for a second opinion within the first 90 days of treatment may not be covered by the Workers’ Compensation carrier if you were provided with a pre-approved list of health care providers. You should call our law firm to discuss your options regarding second opinions.

While you may have to pay for a doctor’s second opinion, unless it is for invasive surgery, doing so is crucial. You need a report from the doctor saying that your injuries are work-related and disabling. Without this, your claims cannot succeed.

Can You File for Workers’ Compensation Without an Attorney?

Yes, but unless you have only suffered an extremely minor injury and your employer’s insurance company is completely cooperating with you, you could quickly run into a difficult situation. Play it safe and smart—take advantage of the free Martin Law consultation and obtain solid legal advice from the beginning.

When Must Your Employer Start Paying Workers’ Comp Benefits?

You are entitled to employer-paid medical treatment, and if your disability exceeds a 7-day period, wage-loss benefits. Wage-loss benefits must begin within 21 days of the employer’s notice of your injury, unless the insurance company denies your claim.

Can You Sue Your Employer?

You cannot sue your employer because you got hurt on the job, unless they do not carry Workers’ Compensation insurance—and that would typically mean they are breaking the law. This is the reasoning behind Workers’ Compensation laws; they protect workers and employers.

Your Rights When Filing Workers’ Compensation

Dedicated employees who have worked for the same company for years may encounter resistance from their employer or the employer’s insurance company after suffering a job-related injury. Our attorneys provide experienced representation to protect your rights and help you pursue the Workers’ Compensation benefits available under Pennsylvania law.

The Right to Pursue Benefits

If you suffer an injury in an on-the-job accident or while carrying out your work responsibilities, you may be eligible for benefits that pay for needed medical treatment and replace part of the wages you lose while your injury prevents you from working.

The Right to Consider a Lump-Sum Settlement

Settling your claim for a single payment may provide certain benefits, but it can also mean surrendering important continuing benefits. Our lawyers can explain the potential tradeoffs and help you decide whether a settlement makes sense for your circumstances.

The Right to Participate in Decisions About Your Medical Care

The doctor chosen by your employer may not be the most suitable provider to evaluate or treat your specific injury. Depending on your situation and the requirements that apply, you may be able to seek treatment from a physician you select.

The Right to Have a Disputed Claim Heard

If your employer or its insurance company seeks to refuse, reduce, or stop your benefits (or incorrectly determines the amount of your disability payments) you can seek a hearing before a Pennsylvania workers’ compensation judge. An adverse decision may also be subject to appeal.

The Right to Recover Before Returning to Work

Your employer cannot decide on its own that you have recovered enough to return to your job. A doctor must assess whether you are medically able to resume your usual responsibilities or take on modified or light-duty work.

When Will You Begin Receiving Benefits?

Payments may not begin immediately, but promptly reporting your injury and seeking medical care can help you receive compensation sooner.

When Wage-Loss Benefits Begin

Once your claim is approved, a disability lasting more than 14 days may qualify you for retroactive wage-loss payments starting with the first day you missed work. Reasonable and necessary medical care is generally covered from the date of your injury.

Limits of Wage-Loss Compensation

Total disability payments have no fixed expiration date, but the amount you can receive each week is limited. In 2026, these payments were generally based on roughly two-thirds of the worker’s average weekly earnings, up to a statewide weekly maximum of $1,394.

What if Your Benefits Are Incorrect?

You may have grounds to contest an inaccurate wage calculation, challenge the amount or category of benefits you receive, or request that injuries left out of the initial claim paperwork be included. These are just some of the circumstances that can jeopardize an injured worker’s rights or compensation.

We Represent Workers in Harrisburg

Martin Law understands that a serious workplace injury may make traveling difficult. To better serve injured employees throughout Pennsylvania, including those in Harrisburg, we maintain six office locations so clients can choose the one most convenient for them. Across our offices, we assist clients with Workers’ Compensation, Social Security Disability, Long-Term Disability, and Veterans Benefits matters.

Talk to Our Team

Contact Martin Law today to schedule a free consultation with an experienced attorney. We will answer your questions, explain your legal options, and help you pursue the benefits available to you. Our team includes more than 15 experienced attorneys, supported by knowledgeable paralegals, legal specialists, and legal assistants who are ready to help.

Is Your Job Covered?

Although certain occupations carry a greater risk of injury, workplace accidents and illnesses can affect employees in every industry. Pennsylvania’s Workers’ Compensation laws apply across occupations, but it can be valuable to work with an attorney who understands the demands of your job, the conditions in which you work, and the challenges commonly faced in your industry.

Harrisburg Work Injury Lawyers Advocating for Injured Employees

With decades of experience in Pennsylvania workers’ compensation law, Martin Law has helped people hurt in nearly every kind of workplace accident and in a broad range of occupations.

Our lawyers handle a variety of claims, including injuries caused by workplace violence, cases against third-parties, and clients seeking disfigurement benefits. Whether you are designated an independent contractor, work from home, or report to a conventional jobsite, our team can address your concerns and explain your rights.

Our Harrisburg Workers’ Compensation Lawyer Can Help

Call Martin Law at (215) 587-8400 and ask our Workers’ Compensation attorneys for a free, private legal evaluation to get started.

 

Martin Law Office in Harrisburg, PA

*Martin Law Office in Harrisburg, PA Office

205 House Ave Suite 103 Camp Hill, PA 17011

Phone: (717) 219-2251

 

*Meetings are available by appointment only. Please call to schedule your appointment.