 Welcome
to the Scranton Wilkes-Barre, Pennsylvania Worker's
Compensation website provided by Munley, Munley &
Cartwright, P.C. Our goal is to provide
exceptional legal services to our clients. With
workers compensation lawyers in both Scranton and
Wilkes-Barre, PA, we have the benefit of a local
presence and knowledge of the local communities
where workers’ compensation matters are litigated.
Our firm has built a quality reputation based on
over 40 years of courtroom experience within these
localities. We not only represent the local
community, we are residents of the
Pennsylvania communities
in which we practice and are an active presence
within these localities.
According to the PA Dept. of Labor approximately
85,000 people are injured each year, on the job
in Pennsylvania. Pennsylvania's worker's
compensation laws entitle you to receive medical
expenses and lost wages when you suffer a
work-related injury or contract a disease which is
aggravated by the work you perform. Survivors of
someone who has died in a work-related accident, may
also be entitled to benefits.
To receive
workers compensation, "work comp." benefits, you
must inform your employer:
- (a) that you
were injured while working;
- (b) the exact
date of the injury; and
- (c) the location
of injury.
In Scranton /
Wilkes-Barre, Pennsylvania, you are covered by
worker's compensation from the first day of work
and through the duration of your employment.
Self-insured employers or service companies
investigate and make decisions to accept or deny an
individual's claim. In other words, your employer's
insurance company will make the initial decision on
whether your injury is covered under the
Pennsylvania Worker's Compensation Act.
If your workers
compensation claim is denied, you are entitled
to file a Claim Petition
with the Pennsylvania Department of Labor and
Industry. The Petition will be assigned to a workers
compensation judge who will conduct a hearing to
receive testimony and medical evidence to
substantiate your claim. Based on the information
presented at the hearing, the judge will make a
determination regarding your eligibility to receive
workers compensation benefits.
WORKERS COMPENSATION BENEFITS
Wage loss benefits for a total disability
status are equal to approximately two-thirds of your
average weekly wage up to a weekly maximum.
Benefits for partial disability are
paid at injury wages and are reduced by
approximately two-thirds of the difference between
pre-tax wages, again up to a weekly maximum.
Wage loss benefits for injuries can be offset on or
after June 24, 1996 for 50% of Social Security
benefits; the employer paid portion of a retirement
pension; and the employer paid portion of a
retirement pension and service by benefits can also
be offset for unemployment compensation or
any earnings you may receive regardless of the date
of injury.
Injured workers are
also entitled to reasonable and necessary medical
expenses for treatment that is related to the work
injury.
If you have any
questions about workers compensation benefits,
please contact our
Workers Compensation
Lawyers for a free consultation.
WORKERS
COMPENSATION & MEDICAL TREATMENT
In seeking medical treatment for your
work-related injury, you must find out if your
employer has posted a list of physicians or health
care providers in your work place. If the employer
has done this, then you are required to visit one of
them for initial treatment. You are to continue
treatment with that provider or another on the list
for a period of 90 days following the first visit.
If your employer's health care provider prescribes
invasive surgery, you are entitled to a second
opinion which will be paid for by your
employer/insurer. Treatment recommended as a result
of the second opinion must be provided by a list
provider for 90 days. After the 90 days in cases
where there is no list of providers, you may treat
with any provider you like.
You are required to notify your employer of the
provider you have selected. If you have any
questions about medical treatment and workers
compensation, contact our
workers compensation
lawyers for a free consultation.
WORKERS COMPENSATION &
UNION EMPLOYEES
If you work in a Scranton or Wilkes-Barre union
shop, you can obtain additional heath and safety
information from the International Chapter of your
local union. International unions usually have
health and safety departments or committees to
answer members' questions. Preventing injuries and
illness or monitoring health or safety conditions at
the workplace are ongoing concerns.
Union employees who suffer a work-related injury may
seek assistance from their union representatives and
stewards:
- Your union may
help you to obtain compensation through their
collective bargaining agreements (contracts) and
can advise you and your lawyer on the provisions
concerning such benefits.
- An attorney
working with your union representative can often
achieve greater benefits for you. It is to your
advantage to consult both an experienced workers
compensation attorney and your union steward.
- Generally, an
employer does not have to hold your job open
while you are unable to work due to injury.
However, as a unionized employee, your union
contract may place different restrictions and
obligations on your employer.
- Union
representatives may also have the legal right to
request information from employers that might
assist in your workers compensation claim
including: safety records, data about toxic
substances, prior workplace injuries, et al.
If you are an injured
union worker you are protected by both state law and
your union's contract with the employer. An
experienced workers compensation lawyer can work
with your union's agreements to help you secure the
benefits you need.
Another source of information is the federal
Occupational Safety and Health Administration (OSHA).
Ensuring and regulating a safe work environment is
this agency's responsibility. There are six OSHA
offices in the Commonwealth of Pennsylvania:
- Philadelphia
(215) 596-1201
- Allentown (610)
776-4220
- Wilkes-Barre
(570) 826-6538
- Harrisburg (717)
782-3902
- Pittsburgh (412)
644-2903
- Erie (814)
453-4351
There are time
limits for filing a claim. You must notify your
employer of your injury/illness within 120 days of
the injury/illness. If the claim is denied by your
employer/insurer, then you have three years from the
date of the injury to file a Claim Petition
for a hearing and a determination by a workers
compensation judge.
In occupational disease cases, the disability must
occur within 300 weeks of the date of last
employment in an occupation where you had exposure
to a hazard, and a Claim Petition must be
filed no later than three years from the date of the
injury and disability.
If your workers compensation benefits were
terminated, you may file a Petition to Reinstate
your benefits within three years after the date of
your most recent worker's compensation check.
If your workers compensation benefits were
suspended, you may file a Petition to have them
resumed within 500 weeks from the date of
suspension. Payment of medical benefits does not
mean that your claim has been accepted or re-opened.
Do not
permanently lose your right to seek workers
compensation benefits that you are entitled to
receive after a work-related injury.
Please contact a Munley, Munley & Cartwright Workers
Compensation Lawyer by
e-mail
or telephone 1-800-WORKERS today for an assessment
of your case.
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