Legal Guidance from Our Certified Workers' Compensation Specialists
Were you injured on the job in Philadelphia? You may be entitled to workers' compensation benefits within as little as 7 days of missed worked! In order to ensure that you receive the benefits you deserve, work with a lawyer who can help you follow the proper protocol for filing in Pennsylvania. A Philadelphia certified specialist in workers' compensation from Fenner & Boles is here to assist.
Quick facts you need to know about filing for workers' compensation:
- Injured employees have 21 days from the date of injury to notify their employers of the incident.
- Employers have 21 days from the date they are notified about the work-related injury / illness to accept or deny the claim.
- Workers' compensation claims must be filed within 120 days of the illness or injury.
Total vs. Partial Disability Benefits Status
Depending on the nature and severity of your injury or illness, you may be eligible for either total or partial disability benefits. When you meet with a Philadelphia workers' compensation attorney from our office, we can review the details of your case with you in order to determine which status best suits your situation.
Total Disability Benefits Status
Total Disability Benefits Status is reserved for employees whose injuries are classified as totally disabling. Injured workers in this category are labeled as unable to work and can maintain this status for a total of 104 weeks. At the 104-week mark, the employer or insurer of the injured worker has the right to require a medical examination of the employee. If it is determined that the employee is at least 50% impaired – as established by standards set forth by the American Medical Association – he or she can remain on total disability. If the injury or illness no longer meets the 50% threshold at the 104-week mark, the employee's status may be changed to partial disability.
Partial Disability Benefits Status
Partial Disability Benefits Status can last for no more than 500 weeks, during which time the employee can be paid benefits if he or she returns to work at a lower paying job due to injury-related restrictions. If, during this time, the employee receives a physician's impairment-rating equal to or greater than 50% then the employee can file a petition to reinstate total disability status.
Filing for Workers' Compensation in Pennsylvania Step by Step
We more than anyone understand that successfully filing for workers' compensation can be difficult. Amidst the forms, deadlines, and legalese, it's easy to get lost and lose out on the benefits you deserve. We're here to help by outlining the process from beginning to end.
Before taking any action, it is important to get the medical care you need. Keep in mind that you have 21 days from the date of your injury to inform your employer of the incident. After notifying your employer, they then have 21 days to accept or deny the claim.
The notification to your employer will usually set the paperwork in motion. Your employer will provide the necessary forms which you must fill out and return. Your employer is then responsible for submitting the paperwork. Time limits apply here too – you must file your workers' compensation claim with 120 days of your injury.
Once your claim has been filed, the insurance company begins the process of arranging a settlement agreement. Oftentimes, the first settlement you're contacted about is the lowest one possible. It is important to keep evidence of your injuries, including doctors' bills and test results, in order to increase your chances of securing a high compensation.
The overall process of workers' compensation seems simple and it certainly can be, but many injured employees have a difficult time communicating with the insurance company. Our firm has the experience you need to successfully obtain a positive outcome.
Successfully file for workers' compensation. We can help! Call Fenner & Boles today.
If your injury or illness was the direct result of work-related conditions, do not wait to speak with a workers' compensation lawyer from our office. Upon review of your situation, we can immediately set to work helping you file a claim for benefits in Pennsylvania. We are certified specialists with more than 20 years of legal experience and we are ready to help you seek the benefits you deserve. Contact us today for more information!