Scranton Workers' Compensation Lawyers

Every year, approximately 85,000 Pennsylvanians are hurt on the job. In some instances, the injuries are fatal. In 2006, the latest year for which statistics are available, 110,657 lost-time work injury and illness cases were reported to the PA Bureau of Workers’ Compensation. That is 8 percent higher than the previous year. Also in 2006, workplace fatalities rose to 240 in Pennsylvania, an increase of 7 percent from 2005, according to the U.S. Department of Labor’s Bureau of Labor Statistics.

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If you become one of the victims of a job injury or work-related illness, you may be eligible for workers' compensation. Under the workers' compensation system, employees give up their right to sue employers for workplace injuries. In exchange, employers give up their ability to assign fault to injured workers for their injuries.

The Pennsylvania Workers’ Compensation Act mandates that injured employees are entitled to compensation for medical expenses and lost wages. The Pennsylvania Workers’ Compensation Act provides for your medical expenses and, in the event you are unable to work, wage-loss compensation benefits until you’re able to go back to work. Additionally, death benefits for work-related deaths are paid to your dependent survivors.

Most workers in Pennsylvania are covered by workers' compensation. Exceptions include federal civilian employees, railroad workers, longshoremen, shipyard and harbor workers, volunteers, agricultural laborers, casual employees, domestics, and certain executive officers.

If you are covered under workers' compensation, your eligibility begins the first day of work or hire. As soon as you become injured, you must inform your employer and provide the following information:

• That you were injured while working.
• The exact date of the injury.
• The location of injury.

Once you have informed your employer, you will file a claim for benefits to help compensate you for injury-related expenses. Benefits covered under workers' compensation in Pennsylvania include:

• Medical Benefits: Employers are responsible for advising workers of their rights and duties under Section 306(f.1)(1)(i) of the Act (medical benefits). Employers should provide written notice of these rights and duties to the employee at the time of injury or as soon after the injury as is practicable. Medical benefits compensate you for all necessary costs associated with medical care and treatment of your injury, illness or disease. Your employer's workers' compensation provider pays the healthcare provider 113% of the same amount that Medicare would be billed under similar circumstances. Note that you may have to seek attention from a company doctor for initial treatment when the employer accepts your claim and has posted a list of six or more physicians or health care providers in your workplace. If you still require treatment after 90 days, you may then choose your own doctor – however, you must inform the insurance company within 5 days of making any changes in providers. If your injury requires life-long treatment, you may continue collecting payments for your medical bills from the insurance carrier.
• Wage Loss Benefits: Wage loss benefits compensate you for the wages you can't collect while your injury prevents you from working. The amount of benefits you can collect depends on whether you are considered totally or partially disabled, but the maximum is typically equivalent to two-thirds of your average weekly wage, up to a weekly maximum.
• Death Benefits: Death benefits provide compensation to your surviving dependents for funeral expenses up to $1,500 and lost wages. Surviving dependents are those who relied on your income for support and can include spouses, children and elderly parents.

Workers' compensation benefits may be paid and managed by private insurance companies, the State Workers’ Insurance Fund or by employers themselves. When you apply for benefits, the insurance company or your employer (if self-insured) will decide whether to accept or reject your claim.

If your claim is denied, you may file a Claim Petition with the Pennsylvania Department of Labor and Industry. A workers' compensation judge will conduct a hearing to determine your eligibility. During this hearing, medical testimony and evidence may be presented to substantiate your claim. Workers filing a petition aren't required to have a lawyer – but an experienced Scranton workers' compensation attorney can make a crucial difference in whether your claim is ultimately accepted or denied.

The Scranton workers' compensation lawyers at Munley, Munley & Cartwright, P.C. have more than 40 years of experience fighting for the injured. Our offices in Scranton and Wilkes-Barre provide direct access to local communities where workers' compensation matters are litigated.

Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. If you have been hurt on the job, please contact us online or by telephone 1-800-318-LAW1 today for an assessment of your case.