Malvern Workers’ Compensation Lawyers

Workers in and around Malvern are entitled to substantial compensation if they were injured in an accident at work. Workers’ Compensation is designed to cover injuries for all kinds of work-related accidents. Filing through this system is often the best – and perhaps only – way to get your damages paid.

To start your claim, you report your injury to your employer. Work with a lawyer if you have any doubts about how to file. We can then negotiate with the insurance carrier and work to get your claim covered. If they refuse to pay, then we can file a Claim Petition for formal litigation before a Workers’ Compensation Judge.

For your free case evaluation, call Martin Law’s Workers’ Compensation attorneys at (215) 587-8400.

How Do You Report a Work Injury?

Reporting often depends on your employer and how they handle claims. There may be a specific person or office, such as the HR department, who is responsible for Workers’ Comp filings. Alternatively, they might use a third-party administrator to handle their claims.

In any case, reports are typically in writing. This helps create a record in case you are accused of not reporting the injury on time. Reporting your injury is a vital step, so do not skip it, even if you think your employer already knows about the accident.

What is the Reporting Deadline?

You must advise your employer within 21 days of the date of your incident to ensure that you receive Workers’ Compensation benefits retroactive to your date of incident.

If you advise your employer beyond 21 days of the date of your incident, but before the passing of 120 days, then your receipt of Workers’ Compensation benefits starts on the day you informed your employer.

What Happens if You Miss the Deadline?

If you miss the 120 day deadline, then your claim is barred, unless your employer knew about your injury.

Occupational Disease

There is an exception – and a different reporting requirement – for “occupational diseases,” i.e., long-term illnesses acquired through work, like cancer or asbestosis.

These generally require prompt reporting, as long as the injury became disabling or killed the worker within 300 weeks after the last date of employment in the industry or with that specific employer.

What Are the Steps of a Workers’ Comp Case?

After your work accident, take these steps to secure your claim:

Get Medical Care

Injuries require immediate medical attention to help you recover and to document the injuries. This early care will be essential to determining the cause of the injury and showing it was indeed work-related.

Report the Accident

You must report injuries to your employer within 21 days of the accident to start your claim on time.

Call a Lawyer

If you are not working with a lawyer, then call our Workers’ Compensation attorneys immediately to get us on your case. We can advise you on what to say in your injury report, where to get medical care, and what evidence is needed.

Continue Getting Care

You must continue following through with recommended medical care. In the first 90 days of treatment, this usually comes from a doctor on your employer’s list of “panel doctors,” with exceptions for when the list does not have a specialist you need.

If you skip care, then the employer might stop your benefits.

Negotiate Claim

Our lawyers can negotiate with the insurance carrier to try to get the claim accepted. If they deny your claim, we would need to move on to a formal claim with the state.

Doctors’ Exams

During your claim, you will need doctors’ exams from both sides, so each side can secure reports. We will need a report saying your disabling injury was indeed caused by work conditions or tasks, while your employer will try to have its doctor say the injury is not work-related or is not disabling.

When your employer asks you to attend an exam with its doctor, the procedure is called an “independent medical exam” (IME), even though the doctor works for the employer.

Claim Petition

If your claim is denied, we can file a Claim Petition with the WCOA (Workers’ Comp Office of Adjudication). The WCOA will assign the case to a Workers’ Comp Judge (WCJ) to hear the claim at a formal hearing.

Settlement

Many claims are settled before this point. Your settlement can happen in a few ways:

• Lump sum settlements pay all benefits for medical care, lost wages, and specific loss benefits in one amount.
• Structured settlements pay the settlement over time.
• Settlements for lost wages can cash out just your wage-loss benefits now, but keep medical benefits open to continue covering necessary care.
• Global settlements settle both medical and wage-loss components of the benefits at once.

Some settlements happen before/in place of a hearing, while others happen after your benefits have been determined, so the carrier does not need to continue administering the case for years to come.

Hearing

If the claim cannot be settled, we can take it to a formal hearing. The WCJ holds the hearing, hears testimony (though typically it is in the form of depositions, not live testimony), and accepts evidence.

What is Your Workers’ Comp Case Worth?

Every case is unique, but you are typically entitled to these benefits (when applicable):

• Medical coverage for all care needed to treat the injury (paid directly to the provider).
• Wage-loss benefits, typically covering 2/3 of your lost wages.
• Specific loss benefits if you suffered a permanent injury, loss of function, or serious facial scarring.

When seeking a settlement, always work with a lawyer to project and protect these future costs. We might need to discuss with medical experts to estimate future medical costs and how long your disability will last.

Can You Sue for Work Injuries vs. Filing a Workers’ Comp Claim?

Workers’ Comp is considered the “sole remedy” against your employer. This means that you typically cannot file a lawsuit against your employer for a work-related accident if your employer or coworkers caused it.

You can still potentially sue a third-party defendant if you can prove the third party caused the accident. Most work accidents are caused by your employer, your coworkers or your own mistakes. If that is the case, then you cannot sue anyone, and Workers’ Comp is your only option for compensation.

Our Malvern Workers’ Compensation Lawyers Can Help

If you were hurt at work, then call the Workers’ Compensation attorneys at Martin Law today at (215) 587-8400 to discuss your case in a free case review.