We Represent Injured Workers in Reading, PA
Martin Law understands that a serious work injury may make traveling difficult. With six office locations throughout southeastern Pennsylvania, we make it easier for injured workers from Reading and surrounding communities to obtain legal assistance. Our attorneys represent clients in matters involving Workers’ Compensation, Social Security Disability, Long-Term Disability, and Veterans Benefits.
Contact Martin Law to arrange a FREE consultation with an experienced attorney. We will answer your questions, explain your options, and help you pursue the benefits available under the law. Our firm includes more than 15 attorneys supported by experienced paralegals, legal specialists, and legal assistants who are ready to assist you.
Some occupations expose employees to greater hazards than others, but workplace injuries can happen in virtually any profession. An attorney who understands your industry, responsibilities, and working environment may be better equipped to identify the issues affecting your claim and present your case effectively.
Your Rights During the Workers’ Compensation Process
Even dependable employees with years of service can encounter opposition from their employer or its insurance carrier after reporting an injury. Martin Law represents injured workers whose benefits have been delayed, disputed, reduced, or denied.
Our attorneys handle Pennsylvania workers’ compensation matters at every stage, from the initial claim through hearings and appeals. During a FREE consultation, we can review your circumstances, explain your rights, and discuss the potential benefits associated with your claim.
Pennsylvania Workers’ Compensation Rights
- The right to seek benefits: Employees injured while performing their job duties may qualify for coverage of reasonable and necessary medical treatment and partial replacement of wages lost during a period of disability.
- The right to consider a lump-sum settlement: Resolving a claim for a single payment may provide certain advantages, but it can also require an injured worker to surrender valuable future rights. Our attorneys can explain the potential consequences before you make a decision.
- The right to receive appropriate medical care: Depending on the circumstances and applicable treatment rules, you may eventually be permitted to choose your own healthcare providers rather than continue treating with physicians selected by your employer.
- The right to present a disputed claim: If an employer or insurer denies your claim, attempts to reduce or terminate your benefits, or calculates your payments incorrectly, you may ask a workers’ compensation judge to hear the dispute. You may also have the right to appeal an unfavorable decision.
- The right to recover before resuming your duties: Your employer cannot independently determine that you are physically capable of returning to work. A medical professional must evaluate whether you can perform regular, modified, or light-duty work.
What to Do Immediately After a Workplace Injury
Taking the following steps can help protect both your health and your potential claim:
- Obtain medical treatment as soon as possible from an appropriate healthcare provider.
- Notify your employer or supervisor promptly. Although an injury may be reported verbally, written notice provides a clearer record.
- Consult a workers’ compensation attorney early, particularly before signing a statement, waiver, agreement, or settlement document.
An employer or its insurance carrier generally has 21 days to accept or deny a reported claim. If you receive a Notice of Workers’ Compensation Denial, you may file a claim petition and request a hearing before a workers’ compensation judge. An insurer may also withdraw temporary acceptance of a claim within the applicable 90-day period.
When Will You Begin Receiving Benefits?
If your claim is accepted and your disability continues for more than 14 days, wage-loss payments may be issued retroactively to cover the first day you missed work. Coverage for reasonable and necessary medical treatment generally begins on the date of the injury.
Total disability benefits do not have a predetermined duration, but the amount payable each week is subject to a statutory maximum. In 2023, wage-loss benefits were generally calculated at approximately two-thirds of an employee’s average weekly wage, up to a statewide maximum of $1,273 per week. Medical benefits are not subject to the same monetary cap.
You may be able to challenge an inaccurate wage calculation, an incorrect benefit classification, or the omission of an injury from the documents describing your claim. Because mistakes and disputes can jeopardize your benefits, obtaining legal advice early may help you avoid preventable problems.
Contact Martin Law’s certified workers’ compensation attorneys as soon as possible to discuss your rights and available benefits. We offer FREE consultations at several locations throughout Pennsylvania. Spanish, Russian, Portuguese, and Greek speakers are available for clients who need language assistance.
The Pennsylvania Workers’ Compensation Claim Process
The Pennsylvania workers’ compensation system can involve several stages. In some cases, an employer and its insurance carrier accept responsibility and begin paying benefits without litigation. When liability is denied or another dispute develops, the claim may proceed before a workers’ compensation judge.
When a Claim is Accepted
- Workplace injury: An employee is injured or develops a job-related medical condition.
- Notice to the employer: The worker reports the injury to an employer or supervisor as soon as possible.
- Report to the insurance carrier: The employer provides the necessary information to its workers’ compensation insurer.
- Acceptance and payment: The employer and insurer accept responsibility and begin providing applicable benefits, generally within the required 21-day period.
When a Claim is Denied
- Notice of denial: The employer or insurance carrier refuses to accept responsibility for the claim within the applicable response period.
- Claim petition: The injured employee files a petition seeking benefits. In most cases, the worker has three years from the injury date to file.
- Assignment to a judge: The matter is assigned to a Pennsylvania workers’ compensation judge.
- Hearings and evidence: The parties receive notice of scheduled proceedings and present testimony, medical records, expert opinions, and other relevant evidence.
- Settlement discussions or mediation: The judge may schedule mediation to explore a resolution. The parties may also request voluntary mediation or negotiate a settlement directly through their attorneys.
- Written decision: If the parties do not settle, the judge reviews the evidence and issues a decision.
- Appeal to the Workers’ Compensation Appeal Board: A party generally has 20 days to appeal the judge’s ruling.
- Appeal to the Commonwealth Court: A party dissatisfied with the Appeal Board’s ruling may seek review by the Commonwealth Court of Pennsylvania.
- Request for review by the Pennsylvania Supreme Court: After the Commonwealth Court proceedings conclude, a party may ask the Pennsylvania Supreme Court to consider the matter.
Our Reading Workers’ Compensation Lawyers Are Ready to Help
After decades devoted to Pennsylvania workers’ compensation law, Martin Law has handled claims arising from a broad range of accidents, occupational illnesses, and employment settings. We represent injured workers throughout Pennsylvania, including employees who live or work in Reading.
Our attorneys assist people harmed by workplace violence as well as workers seeking specific-loss or disfigurement benefits. We also help clients understand how their employment classification may affect a claim, including individuals classified as independent contractors and employees who work remotely. Whatever circumstances surround your injury, Martin Law can answer your questions and help you determine the appropriate next steps.