Anybody who sustains an injury while on the job should be able to count on receiving benefits through workers’ compensation insurance. Unfortunately, there are times when insurance carriers or employers delay or deny claims unnecessarily. At Solomon, Sherman, Gabay, Briskin & Sherman, we are here to help when you need a Philadelphia workers’ compensation attorney. Our team will stand by your side to conduct a thorough investigation of the incident and secure any compensation you may be entitled to.
Nearly every Pennsylvania employer is required to carry workers’ compensation insurance. In Pennsylvania, workers’ comp is mandatory for all businesses that have one more employee on their current payroll. There are various exceptions to this rule, but most employees in Philadelphia should be covered if they are injured on the job.
According to the US Bureau of Labor Statistics (BLS), there are approximately 2.8 million total non-fatal work injuries or illnesses reported each year across the country. Workplace injuries are generally fairly minor and result in only a day or two of work missed. However, there are times when a work injury is more serious and may require extensive medical care and an extended leave of absence.
At Solomon, Sherman, Gabay, Briskin & Sherman, our workers’ compensation attorneys in Philadelphia regularly help clients who have sustained the following:
Our attorneys also help clients who have sustained work injuries that take longer periods of time to manifest. This includes repetitive motion injuries such as carpal tunnel syndrome as well as other occupational illnesses, including respiratory diseases, cancers, cardiovascular illnesses, hearing and vision loss, and more.
A skilled Philadelphia workers’ compensation attorney is going to be an invaluable asset when pursuing an injury claim. This is particularly true for instances where the employer or insurance carrier pushes back against injury claims or the amount of compensation that should be paid.
An attorney can use their resources to conduct a complete investigation into the incident and determine exactly what happened. If an employer disputes the nature of the injury, an attorney can investigate and counter any such arguments. Additionally, if the insurance carrier puts up a fight about the nature of the injury or how much compensation they should pay, an attorney will work with trusted medical and economic experts to refute these efforts.
A workers’ compensation attorney in Philadelphia will handle every aspect of the injury claim on behalf of the injured worker. This includes filing the initial paperwork, handling all communication with other parties, handling any appeals that are necessary, and even taking the case to court if necessary.
There are various reasons why a Philadelphia workers’ compensation claim may be denied. Please understand that insurance carriers and employers often push back against work injury claims in an effort to save money. Some of the most common reasons for denials include claims that:
In general, we recommended that all work injury victims report their injuries as soon as possible. This would preferably be done within 24 hours after the injury occurs. The sooner an employer knows about an injury, the quicker the workers’ compensation process came again. However, Pennsylvania law does allow injured employees 120 days to let their employer know that they have sustained a workplace injury or illness.
Additionally, after a work injury has been reported, employees will still have time to file an actual petition for an injury claim. The overall statute of limitations for reporting a workplace injury is three years from the date the injury occurs (so long as the employer was notified within 120 days after the injury occurred). However, it is crucial to get the claim process started as soon as you realize that you have suffered negative health effects due to a workplace injury or illness.
Any injured worker needs to be aware that their employer cannot fire them for reporting a work injury or filing a workers’ compensation claim. However, this does not mean that an injured employee has a blanket immunity from termination. It is perfectly acceptable for an employer to fire an employee for other reasons aside from injury reporting. Pennsylvania is considered an “at-will” work state. This means that an employer is generally free to terminate an employee for nearly any reason, so long as the reason does not violate public policy or discrimination laws.
If you or somebody you care about has sustained an on the job injury in Philadelphia, you deserve to be compensated. At Solomon, Sherman, Gabay, Briskin & Sherman, our team is here to help if your employer or workers’ compensation insurer has delayed or denied your claim. Our goal is to investigate the incident so we can secure the compensation you need, which can include: