Pennsylvania’s workers’ compensation system paid injured workers over $3 billion in wages and medical benefits in 2022. This resulted from 167,254 reports of illnesses and injuries, with 82 leading to fatalities.
Each year, hundreds of thousands of workers are injured while working. While it is within your right to file a claim in this situation, the legal process can be complicated.
Understanding the process and the factors that influence your settlement is crucial to securing the benefits you deserve. At Mooney Law, our work injury lawyers can help you secure the maximum compensation from your work injury claim. The first step is to contact our office to schedule a free consultation.
Understand Pennsylvania Workers’ Compensation Laws
First and foremost, it’s important to familiarize yourself with Pennsylvania’s workers’ compensation laws. The Pennsylvania Workers’ Compensation Act provides a framework for benefits available to employees injured on the job.
Under this law, you can receive wage-loss benefits, medical benefits, and, in some cases, benefits for permanent disability.
Report Your Injury Promptly
One of the most significant factors in any workers’ compensation claim is the timely reporting of your injury. Pennsylvania law requires employees to notify their employer within 120 days of the injury.
However, reporting as soon as possible, ideally within the same week of the incident, is advised. The sooner you report, the stronger your case will be, as it establishes a clear timeline of events.
Seek Medical Attention
Receiving medical care immediately after a work-related injury is not only crucial for your health but also vital for your claim. Ensure that your injuries are documented thoroughly by a medical professional, as this documentation will be key in substantiating your claim.
Ensure you keep copies of all medical records, bills, and notes from your healthcare providers. Consistent medical care demonstrates the seriousness of your injuries and helps establish the extent of your damages.
Keep Detailed Records
Meticulous record-keeping is essential to maximizing your settlement. Document every detail of your injury, including witness statements, accident reports, and correspondence with your employer or insurance company.
Record all medical visits, treatments, and how your injury affects your daily life and work capacity. This information can benefit your workers’ compensation attorney in Pennsylvania when negotiating your settlement.
Find a Qualified Workers’ Compensation Attorney
Finding a skilled Pennsylvania workers’ comp lawyer can significantly impact the outcome of your settlement. An experienced workers’ compensation lawyer in Pennsylvania understands the intricacies of the law and will advocate on your behalf.
They can guide you through the legal process, negotiate with insurance companies, and ensure you receive all the benefits you are entitled to. Legal representation can increase the likelihood of a higher settlement, as statistics show that claimants with attorneys often receive more than those who represent themselves.
Know the Value of Your Claim
Understanding the potential value of your claim is essential for negotiations. Several factors contribute to the overall value, including your medical expenses, lost wages, and the severity and long-term impact of your injury.
In Pennsylvania, wage-loss benefits equal two-thirds of your weekly wages, capped at a state-mandated maximum (as of 2024, it’s $1,325 per week). Calculating your potential benefits accurately is crucial, as underestimating could lead to a lower settlement.
Consulting with an injury attorney in Pennsylvania can help you assess the worth of your claim more accurately.
Be Prepared for Negotiations
Once you have submitted your claim, be prepared for negotiations with your employer’s insurance company. They may initially provide a settlement offer that does not reflect the true value of your claim.
It’s essential not to rush into accepting the first offer. Take the time to evaluate your needs and, when necessary, push back against low offers. This is where having a competent workers’ compensation attorney can make a difference; they can effectively negotiate on your behalf.
Consider Vocational Rehabilitation
If your injury prevents you from returning to your previous job, you might be eligible for vocational rehabilitation services. Pennsylvania’s workers’ compensation program provides resources for obtaining new skills or training for a different job.
This can be important when assessing your settlement, as vocational rehabilitation can help you re-enter the workforce and gain financial stability.
Protect Your Right to Full Compensation After a Work Injury
Maximizing your workers’ compensation settlement requires diligence, knowledge, and often the assistance of a professional. Understanding the laws, reporting your injury promptly, seeking medical attention, keeping detailed records, and engaging a knowledgeable attorney can enhance your chances of receiving the compensation you deserve.
If you have been injured on the job in Pennsylvania, contact a qualified injury lawyer in PA who can help guide you through this challenging process and protect your rights.
