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Pennsylvania Workers’ Compensation Practice and Procedure

For those injured on the job, life is suddenly filled with uncertainty and hardship. Pain and a disabling injury are usually accompanied by the loss of a paycheck. Medical and household bills begin to pile up, and there is no way to meet expenses. Workers’ compensation in Pennsylvania provides coverage to help injured workers get back on their feet and return to work. Insurance companies may dispute or deny claims for all sorts of reasons, making a difficult situation even worse.

Remember, in most cases, you only have 120 days to file a workers’ compensation claim. Our attorneys want you to be fully aware and informed of your rights under the law. Martin Law takes pride in protecting workers and their families. All of our partners are certified specialists in workers’ compensation and strive to provide the best representation possible for every client. For nearly four decades our PA workers’ compensation lawyers have helped injured workers receive compensation to cover medical expenses, pay household bills, and put their lives back together again.

Let us evaluate your claim —FREE— 215.587.8400

Types of Workers We Represent in Pennsylvania

Some jobs are more high-risk for work accidents than others, but injuries occur in every occupation. And while workers’ compensation benefits are the same for all, having an attorney who understands your industry, your job duties and your working conditions is a comfort and an advantage.

At the law office of Martin Law, we only represent employees, never employers. We practice with honesty, integrity and compassion to get results. Call 215-587-8400 or contact our Pennsylvania work accident attorneys by e-mail for a free consultation.

Pennsylvania Work Injury Lawyers Standing Up For All Injured Workers

In our more than 30 years of focused practice in Pennsylvania workers’ comp law, Martin Law has handled every type of work accident and has represented people injured in every line of work, including:

Our Philadelphia workers’ comp lawyers also represent people whose employers are not covered by workers’ compensation. This is one of the only situations in which you can sue your employer directly for a work accident or job-related injury or illness. We also represent individuals who suffer from violence in the workplace and need to recover specific loss benefits. Whether you are an independent contractor or an employee who works from home, we will have the answers to your important legal questions.

Workers’ Comp Lawyers Focused On Your Best Interests

Martin Law is one of the largest workers’ compensation firms in Pennsylvania that exclusively takes the employee’s side. Since we don’t represent employers or insurance companies, and we take no attorney fees unless we secure or preserve your benefits, we are focused solely on your best interests.

Learn More About Categories Of Workers and Work Accidents in Pennsylvania

We represent work accident victims throughout southeast Pennsylvania, with several offices in the Philadelphia area and surrounding counties. Call us at 215-587-8400 for a free consultation, or contact our attorneys online.

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Your Rights & The Process

Even if you are a loyal, long-time employee, you may find yourself fighting your employer or their insurance company for work comp benefits after a work injury. We offer skilled legal representation to assert and preserve your workers’ compensation rights.

Martin Law serves only injured workers, not employers or insurance companies. Our attorneys are well versed in every facet of Pennsylvania workers’ compensation, from initial claims to contested hearings. We can explain your rights and the value of your claim in a free consultation.

PA Workers’ Compensation Rights

  • The right to benefits — You are guaranteed certain benefits if you were injured in a workplace accident or simply injured in the course of your job. This includes free medical coverage and wage loss benefits for as long as you are off the job.
  • The right to negotiate a lump sum settlement — There are pros and cons to cash settlement of your claim versus ongoing benefits. Our attorneys can help you decide if this is right for you.
  • The right to control your treatment — The employer’s preferred physicians may not be qualified to diagnose and treat your injury, and may not have your best interests at heart. In most cases, you can choose your own doctors.
  • The right to a hearing — If the employer tries to deny, reduce or terminate your benefits, or if your disability pay is calculated incorrectly, your case must be heard by a workers’ comp judge. That decision can also be appealed.
  • The right to recover from your injury — Your employer cannot force you back to work. Only a doctor can clear you for light duty or regular duty.

PA Workers’ Compensation Process

After your accident or when you experience symptoms:

  • Seek medical treatment as soon as possible, with your doctor or theirs.
  • Inform your employer as soon as feasible, orally or preferably in writing.
  • Contact an attorney, the sooner the better, and definitely before signing statements, waivers or settlements.

The employer has 21 days to accept or reject your claim. If you get a Notice of Denial, you can petition for a hearing before a workers’ compensation judge. The employer can also withdraw a temporary approval of benefits within 90 days.

If your claim is accepted and you’re out of work more than 14 days, wage benefits begin on the first day of missed work. Medical benefits begin on the day of the injury. Total disability benefits do not have a time limit. They do, however, have a dollar limit; it is 66 2/3% of your weekly salary not to exceed $995, in 2017. Medical benefits are not limited though. You can petition to contest your wage calculation, level of benefits or excluded injuries if you disagree with the initial determination.

These are only some of the scenarios in which your benefits or rights may be taken away. Call our certified lawyers at 215.587.8400 after your injury — before your claim is damaged beyond repair.

We offer a free consultation, with several locations in the Philadelphia area and surrounding counties of southeast Pennsylvania. We have Spanish speakers on staff.


Workers’ Compensation Claims Process

The Pennsylvania Workers’ Compensation process can be a very complicated. When a worker is injured, the employer and insurance carrier may admit liability right away. However, if a claim must be litigated, it will follow the pattern shown. On average, it can take about a year to reach a decision. It is easy to see why it is so important to hire an experienced, reputable attorney.

1

Injury

Worker sustains injury at work

2

Injury reported to employer or supervisor

Report injury to employer right away

3

First Report

Employers must report injury to their insurer immediately

4

Voluntary Payment

Within 21 days of the first report, the employer and insurance carrier accept liability

1

Denial of Payment

Within 21 days of the first report, the employer and insurance carrier deny liability

2

Worker Files Claim Petition

An employee has 3 years to file a claim petition

3

Case Assigned to Judge

Workers’ compensation case is assigned (by county) to a judge

4

Hearing

Hearing is scheduled, parties are notified and judge hears evidence and decides if more evidence is needed

5

Dispute Resolution

Judge schedules mediation; if no settlement is reached, parties can ask for a settlement conference with judge

6

Decision

Judge renders written decision

7

Appeal

Parties have 20 days to appeal to the Workers’ Compensation Appeal Board

8

Commonwealth Court Appeal

If appeal to the Workers’ Compensation Appeal Board fails, either party may appeal to Commonwealth Court

9

Pennsylvania Supreme Court Appeal

If appeal to the Commonwealth Court fails, either party may appeal to Pennsylvania Supreme Court

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Latest Videos
When should I report my workers’ comp claim?
00:57
I’m an independent contractor, can I file a Workers’ Compensation claim?
00:58
How do I know I have a PA case and not NJ case?
00:59
Can I receive workers’ comp benefits if I have an accident coming or going to work?
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How can I afford an attorney if I am on Workers’ Compensation?
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When will I get paid?
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Handbook

Some firms claim they "wrote the book."
We really did.

More than fifteen years ago we authored our Workers' Compensation and Social Security Handbooks and made them available upon request. Today we continue to offer both handbooks, now available in English or Spanish. Also available in English only, our Long-Term Disability Handbook. Call 215.587.8400, or via our online form.

Get Free Handbook
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Awards & Accomplishments

The workers' compensation attorneys at Martin Law have received numerous honors and awards—from other lawyers, neutral third-party publications and trusted consumer organizations. The achievement we are most proud of is simply being able to help the many decent, hardworking people who have suffered the misfortune of a work injury.