Are you looking for a Pennsylvania Workers’ Compensation Attorney? We are here to help!
If you have suffered a workplace injury, hiring an experienced workers’ compensation lawyer in Pennsylvania may be your strongest path to recovering your benefits and a fair settlement. When your injury happens at work, you must file a claim to protect your legal rights. Is your employer treating you unfairly? Our skilled team of PA work injury lawyers will demand the benefits you deserve by law.
We’ve been serving injured workers in Pennsylvania for over 25 years and have recovered millions of dollars for our clients. We are The Law Firm With a Heart. Help is one phone call away.
Contact us to schedule a free case evaluation. Fill out our online form or call 888-KITAYLAW.
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Our Work Injury Lawyers in PA Handle These Types of Cases
Workers’ comp covers almost every injured employee in Pennsylvania. Although it is designed to protect workers’ interests, navigating the workers’ compensation system can be complicated for many injured workers.
Our experienced law firm for workers’ compensation can assist you in your PA workman’s compensation case in nearly all circumstances, including these:
- Workplace Injuries: Physical injuries sustained on the job, such as fractures, sprains, muscular injuries, or cuts.
- Occupational Diseases: Illnesses developed due to work conditions, such as respiratory conditions from exposure to toxic or hazardous substances.
- Car Accidents while Working: You can pursue benefits for work-related injuries sustained in an auto accident while on the job.
- Repetitive Stress Injuries: Repetitive movements at work can lead to injuries including carpal tunnel syndrome or tendinitis.
- Construction Accidents: Work injuries specific to the construction industry, including falls, scaffold accidents, and equipment-related injuries.
- Industrial Accidents: Injuries occurring in manufacturing or industrial settings, such as machinery accidents or dangerous devices.
- Slip and Fall at Work Accidents: Your employer’s insurance company is required to cover these situations, as well.
- Electrocution Accidents at Work: Recovering workers’ comp benefits for these claims can be tricky as your employer may argue that the incident was your fault. However, you are generally entitled to coverage for wage losses and medical care in these cases.
- Workplace Violence: Claims arising from incidents of violence or assault at the workplace. However, there can be legal questions about whether the violence was related to your work or a personal dispute.
- Return-to-Work Issues: Disputes related to returning to work after an injury, including disputes over physical pain you have while on modified duty or a reasonable accommodation.
- Denial of Benefits: Cases where workers’ compensation claims have been denied, requiring legal intervention to appeal or contest the decision. This can also include cases where you were receiving benefits but your employer’s insurance company stopped paying for no good reason.
- Permanent Disability Claims: Cases involving long-term or permanent disabilities that affect a worker’s ability to perform their job. Frequently, these can include traumatic brain injuries that must be supported with substantial medical records. In addition, these cases can lead to claims for Social Security disability benefits.
- Death Benefits: Workers’ comp claims by the dependents of workers who have died as a result of a work-related injury or illness. These claims are highly contested and require an experienced workers’ compensation attorney.
- Medical Treatment Disputes: Issues involving disputes over the adequacy or coverage of medical treatment related to a work injury. Medical experts may need to testify to support the treatment you need. Our workers’ compensation lawyers will work to support the treatment you need.
- Third-Party Claims: Cases where an injured worker seeks compensation from a third party (e.g., another contractor or equipment manufacturer) in addition to workers’ compensation benefits. Here, it is helpful to have your workers’ comp attorney coordinate with an entire legal team throughout the claims process.
Count on our knowledge of Pennsylvania’s workers’ compensation laws and regulations to effectively represent you. We represent injured workers throughout the Commonwealth.
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Exceptional service from start to finish! I cannot recommend Kitay Law Offices highly enough. Their team of legal experts went above and beyond to assist me. From the initial consultation to the final resolution, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Their communication was clear and timely, keeping me informed every step of the way. If you're seeking reliable and trustworthy legal representation, look no further than Kitay Law Offices!” - Mike
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When To Get A Workers Compensation Lawyer
The Workers’ Compensation claim process in PA can be confusing. Be advised: experienced workers’ compensation lawyers will represent your employer and their insurance company. This is what you are going up against. If you’re considering when to get a lawyer for a workplace injury, take action sooner rather than later. There are specific deadlines involved in filing a workers’ compensation claim and legal action.
It’s time to consult a PA hurt-at-work lawyer when you are dealing with:
Refusal by your Employer
Your employer might refuse to file a First Report of Injury to begin the claim process. This is supposed to be filed at the beginning of all workers’ compensation cases. Some reasons for refusal could include an injury the employer believes to be the result of workplace rule violations or horseplay. They also frequently blame your pain on pre-existing medical conditions. An injury-at-work lawyer can help you bypass the employer by filing a petition for compensation within three years after the injury.[1]
Claim Denial
Your employer’s insurance company might deny a claim. Like the employer, the insurer may deny claims for injuries that resulted from rule violations or horseplay. An insurer may also deny claims it believes are related to pre-existing medical conditions. After a denial, our work injury law firm can prepare a petition for compensation to file with the Pennsylvania Department of Labor and Industry.[2]
Independent Medical Examination
An employer can request that an injured worker submit to a medical examination to verify the injury and its severity.[3] Before attending an appointment with your employer’s medical experts, you may want to consult with a workers’ comp attorney.
Suspension, Modification, or Termination of Benefits
If you receive workers’ compensation benefits, but the insurer cuts them off or changes them before you have recovered, our workers’ compensation attorneys can help you challenge the insurer’s action.[4]
Utilization Review
When your medical provider recommends a course of treatment for your work-related injury, the insurer can request a utilization review to determine whether the treatment is reasonable and medically necessary.[5] A lawyer can represent you during the utilization review to provide medical evidence supporting the need for treatment.
Call 888-KITAYLAW for a free consultation. We are ready to fight for your rights.
You should be aware that Workers’ Compensation litigation is complex, and your employer or your employer’s insurance carrier will be represented by an experienced attorney.” - Pennsylvania Department of Labor & Industry Bureau Of Workers’ Compensation [6]
How Our Workers Comp Attorneys in PA Help You
At Kitay Law Offices, our very best workers’ comp lawyers in Pennsylvania will compassionately listen to the details of your work injury. Injured workers choose us to help get medical care and wage replacement benefits after being hurt on the job. We will fight for the justice and compensation you deserve under Pennsylvania law.
A skilled PA workers’ comp lawyer at Kitay Law Offices will explain your rights. Do not sign any documents you do not understand, or you may lose your right to Workers’ Comp benefits. We can guide you through this process.
We’ll also provide a translator and represent you in every court hearing.
LEARN MORE: What Does a Workers’ Compensation Lawyer Do?
What Is Workers Compensation?
Workers’ compensation is a form of insurance that provides financial benefits and medical coverage to employees who are injured or become ill due to their job. It is designed to cover medical expenses, rehabilitation costs, and lost wages, while also providing compensation for permanent disabilities or death resulting from work-related incidents. Workers’ compensation aims to protect both employees and employers by offering a no-fault system for handling workplace injuries and illnesses.
Most Common Workplace Injuries
Clients count on Kitay Law Offices and our experienced team of injury-at-work lawyers in Pennsylvania to help move forward in resolving workers’ compensation claims.
Under the Pennsylvania Workers’ Compensation Act, most occupational illnesses and injuries caused by a work-related accident or condition can receive coverage. You are still entitled to workers’ compensation payments, even if you are at fault for your injury. Some of the most common workplace injurieswe help with include:
- Slip and Fall Injuries at Work
- Back Injury at Work
- Neck Injury at Work
- Shoulder Injury at Work
- Head Injury at Work
- Knee Injury at Work
- Foot Injury at Work
- Ankle Injury at Work
- Carpal Tunnel from Work
- Repetitive Stress Injuries at Work
- Work-Related Asthma and Lung Disease
Some Types of Injuries Are Not Eligible for Coverage
Generally, the following injuries are not eligible for coverage under Pennsylvania’s Workers’ Compensation Act:
- Self-inflicted injuries that are intentional, including suicide
- Your illegal drug use or intoxication causes your injuries
- A co-worker or a non-co-worker attacks you for a personal reason not related to your job, whether the injury occurs at your workplace or not
- Your breaking the law resulting in your injuries
- Injuries from accidents that happen while traveling to or from work, or during breaks, usually do not receive coverage. However, there can be exceptions to this.
Workplace Injury Statistics in Pennsylvania
According to the U.S. Bureau of Labor Statistics [7] and the Pennsylvania Department of Labor & Industry [8], for the year 2022 in PA:
- 123,400 nonfatal workplace injuries and illnesses were reported by private industry employers
- 183 fatal workplace injuries were reported (the highest number in almost 10 years)
- The manufacturing, healthcare, and construction sectors had the highest rates of workplace injuries in Pennsylvania
- Over 60,000 workers’ compensation claims were filed in Pennsylvania
PA Workers Comp Laws & Benefits: Protect Your Rights
The Pennsylvania Workers’ Compensation Act covers most full and part-time workers.[9] Coverage under the Pennsylvania Workers’ Compensation Act begins on the first day of employment. Even if an employer has only one employee, that employee is covered. However, some business owners or those who work for themselves may not receive coverage.
Workers’ Compensation benefits include:
- Money to cover your lost wages
- Payment of your medical bills related to your injury – this could include doctor visits and hospital treatments, medications, medical equipment, physical therapy, surgery, post-operative care, chiropractic manipulations
- Additional payment for an amputation; loss of vision or hearing; or scars on your head, neck, or face
- Death benefits for surviving family members
Furthermore, these benefits are available regardless of your immigration status in the United States. To be clear, these benefits are available for:
- U.S. citizens
- Undocumented workers
- Permanent residents
Defining Disability for Workplace Injuries
If your work injury has caused a disability, you may be eligible for lost wage payments. Importantly, the law specifically defines “disability” when it comes to a work injury. Under the law, a disability does not mean you can never work again. Instead, it means that you have suffered a work injury that has caused you to miss time from work.
Therefore, if your injury causes you to miss work completely, you may receive your full wage loss benefits. On the other hand, if your work injury causes you to make less money than before, you may receive partial wage loss benefits.
Even if you do not lose time from work, you may be entitled to coverage for medical treatment.
How Filing a Workers Comp Claim in Pennsylvania Works
Starting a claim begins before injured workers even walk into an attorney’s office. First, report your work injury to a supervisor and ask for medical treatment. Next, meet with one of our experienced workers’ compensation lawyers. If your lost wages or medical benefits are not provided in accordance with the law, your work injury attorney can file a petition to put your case in court.
LEARN MORE: Pennsylvania Workers’ Compensation Rights – How to File & Get Benefits
Deadlines: Pennsylvania Statute of Limitations for Workers Comp
In Pennsylvania, the deadline to file a workers’ compensation claim – known as the statute of limitations – is generally three years from the date of the injury or from the date you knew or should have known that your injury was work-related.
Be sure not to miss this deadline, which may result in you forfeiting your right to receive workman’s comp benefits in PA. There are some exceptions to this three-year filing deadline, such as the nature of the injury or when you became aware of the connection between your injury and your employment.
A Pennsylvania workers’ compensation attorney at Kitay Law Offices can help ensure injured workers meet all necessary deadlines and preserve their right to compensation.
Personal Injury Lawsuits Sometimes Apply to Workplace Injuries
Injured workers should seek legal advice as soon as possible. This is especially true if a “third party” is at fault. In these cases, you may have an additional claim for compensation over and above workers’ compensation. For example, “third party” fault situations include cases where your injury is caused by:
- Defectively designed machinery
- Your injury occurs in a location that your employer does not own or control
- An employee of another company caused your injury
In addition to our work as a PA workers’ comp law firm, we are also your team of experienced Pennsylvania personal injury lawyers. Call us today to get your important questions answered.
Frequently Asked Questions about PA Workers’ Comp Cases
Pennsylvania law requires employers to provide workers’ compensation coverage for their employees. However, some neglect to carry this coverage. Therefore, you should ask about coverage at the time of hire. You can also contact the Pennsylvania Department of Labor and Industry to determine if your employer is carrying coverage.
Many employers purchase a workers’ compensation insurance policy from a large insurance company. However, other employers may choose to set aside money from daily business operations. This creates a fund to pay workers’ compensation claims with the money coming right out of the company’s own pockets.
Workers’ compensation will pay only for your lost wages and medical bills, as well as the additional specific loss benefits we have already mentioned earlier on this page. You cannot receive payment for pain or suffering. However, you may be able to sue another company or person to obtain adequate compensation for your pain and suffering. We suggest you consult with an attorney to review the details of your case.
Our firm does not get paid unless we win benefits for you. In that case, we will receive a 20% fee for our work. If your claim is unsuccessful, however, then we do not receive a fee.
While a lawyer is not required by law to receive a settlement offer, it is not advisable since your employer will certainly have experienced attorneys ready to defend their case against you. A free consultation with our workers’ comp lawyers in PA can answer your questions and start the process of obtaining a fair settlement.
In Pennsylvania, responsibility for work-related car accidents is typically determined by a combination of workers’ compensation laws and automobile insurance regulations. In some cases, your employer may have liability for the accident if evidence shows negligence or unsafe practices. Consulting with our work injury attorneys in PA can help clarify responsibility.
