The Workers’ Compensation Procedure in Lancaster, PA

When you are injured on the job, life is suddenly filled with uncertainty and hardship. A disabling injury is usually accompanied by the loss of a paycheck as well. Medical and household bills start to add up, and there seems to be no way to meet your expenses. Martin Law’s workers’ compensation attorneys will provide coverage to help injured workers in Lancaster, PA get back on their feet and return to work. Unfortunately, insurance companies can dispute or deny claims for many reasons, but that is where we step in.

In most cases, you only have 120 days to report a work injury in Pennsylvania. You then have up to 3 years to file a claim from the date of your injury. Our workers’ compensation attorneys want to ensure you are fully aware and informed of your rights under the law. Martin Law takes pride in protecting workers and their families. Our partners are certified specialists in workers compensation and strive to provide the best representation possible for every client. For over four decades our attorneys have helped injured workers receive the compensation they deserve, to pay household bills, cover their medical expenses, and put their lives back together again.

We Represent Workers in Lancaster

Some jobs have a higher risk of work-related injuries than others, however, injuries occur in every occupation. While Pennsylvania workers’ compensation benefits are the same for all, having an experienced attorney who understands your industry, your job duties, and your working conditions is a comfort and advantage.

At Martin Law, we only represent employees, never employers. We practice with honesty, integrity, and compassion to get results. Call (215) 587-8400 or contact us by email at info@paworkinjury.com for a FREE consultation.

What to Do Immediately After a Work Injury in Lancaster

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.

Your Rights & Workers’ Compensation Claims Process

Even the most loyal, long-time employees find themselves fighting their employer or insurance company for their workers compensation benefits following a work injury. We offer skilled legal representation to assert and preserve your workers’ compensation rights.

The Pennsylvania Workers’ Compensation process can be 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. It is easy to see why it is so important to hire an experienced, reputable attorney.

Our attorneys are well versed in every facet of Workers’ Compensation, from initial claims to contested hearings. We can explain your rights and the value of your claim in a free consultation.

Your 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 a 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.

The Process if Your Workers’ Comp Claim is Accepted

Your Injury

The worker sustains an injury at work.

Injury Reported to Employer or Supervisor

Report injury to the employer right away.

First Report

Employers must report the injury to their insurer immediately.

Voluntary Payment

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

When Will You Get Paid?

If your claim is accepted and you’re out of work for more than 14 days, wage-loss benefits are payable retroactive to the first day missed. 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 2/3 of your weekly salary not to exceed $1,273, in 2023. Medical benefits are unlimited.

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.

In order to secure all possible benefits, contact our certified attorneys at (215) 587-8400 as soon as possible – before your claim is damaged beyond repair. We offer a FREE consultation, with several locations throughout Pennsylvania. We have Spanish, Russian, Portuguese, and Greek speakers on staff if needed!

The Process if Your Workers’ Comp Claim is Rejected

Denial of Payment

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

Worker Files Claim Petition

An employee has 3 years to file a claim petition

Case Assigned to Judge

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

Hearing

A hearing is scheduled, parties are notified and the judge hears evidence and decides if more evidence is needed

Dispute Resolution

The judge schedules mediation; if no settlement is reached, the parties continue to litigate the matter. The parties can also ask for a voluntary mediation to try and resolve the matter. Mediations are not the only way to settle cases – often, the attorneys can settle cases without a need for mediation.

Decision

The judge renders a written decision

Appeal

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

Commonwealth Court Appeal

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

Pennsylvania Supreme Court Appeal

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

Our Lancaster Work Injury Lawyers Stand Up for All Injured Workers

After over four decades of focused practice in Pennsylvania workers comp law, Martin Law has handled every type of work accident in every line of work imaginable.

We represent many different individuals including those who suffer from violence in the workplace and those who need to recover specific loss/disfigurement benefits. Whether you are an independent contractor or a remote worker, we will have the answers to your important legal questions.

Our Lancaster Workers’ Comp Lawyers are Focused on Your Best Interests

Martin Law is one of the largest workers’ compensation firms taking cases in Lancaster, Pennsylvania. We work on a contingency fee basis, which means we take no attorney fees unless we secure or preserve your benefits. We are solely focused on your best interests.

With several offices in the area and surrounding counties, Martin Law proudly represents work accident victims throughout Lancaster. To learn more about the categories of workers and work accidents in Pennsylvania, call us at (215) 587-8400.