Ellwood City Workers' Compensation Lawyer

Protecting the Rights of Injured Workers

Being injured on the job can be an incredibly stressful experience. Not only are you dealing with the pain and trauma of the accident, but you may also be facing mounting medical bills and lost wages from time off work. Fortunately, Pennsylvania law requires most employers to carry workers' compensation insurance, meaning you are likely eligible to receive certain benefits to help you recover.

Unfortunately, many workers' compensation claims are wrongfully denied, leaving injured employees struggling to make ends meet. That’s where we come in. At Luxenberg Garbett Kelly & George, P.C., we have been helping injured workers in the Ellwood City area obtain the benefits they are owed for over 80 years. Our firm is committed to helping you navigate the claims process and will work tirelessly to protect your rights.

Call our firm today at (724) 576-8855 or contact us online to schedule a free, no-obligation consultation with our Ellwood City workers' compensation attorneys.

What Is Workers' Compensation?

Workers' compensation is a type of insurance that provides financial benefits to employees who are injured on the job. The program is designed to protect both employers and employees. When workers are injured, workers' compensation provides them with certain benefits, such as medical coverage and wage replacement, while simultaneously protecting employers from lawsuits.

Under Pennsylvania law, most employers are required to carry workers' compensation insurance. There are a few exceptions, however, including:

• Businesses that employ agricultural laborers who work fewer than 30 days per year or make less than $1,200 in wages a year
• Businesses that employ people who are covered by other workers' compensation acts such as: federal workers, railroad workers, longshoremen, harbor workers, or other maritime workers

If you are unsure whether your employer is required to carry workers' compensation insurance, our Ellwood City workers' compensation lawyers can help you determine your legal options. Call us today at (724) 576-8855 to get started.

What Are the Different Types of Workers' Compensation Benefits?

Workers' compensation benefits come in many different forms. The specific benefits you may be eligible for depend on the nature and severity of your injuries. In general, however, injured workers in Pennsylvania are eligible to receive the following types of benefits:

• Medical Benefits: Workers' compensation should cover the cost of all reasonable and necessary medical treatment related to your work injury, including hospital stays, doctor's visits, surgeries, medications, physical therapy, and more.
• Wage Loss Benefits: If you are unable to work for at least a week due to your work injury, you are eligible to receive wage loss benefits. The amount of these benefits is generally equal to about two-thirds of your average weekly wages. If you are unable to return to work at all, you may be entitled to total disability benefits. If you are able to return to work but can only perform light-duty work or have to work fewer hours, you may be entitled to partial disability benefits.
• Specific Loss Benefits: If you have lost the use of a specific body part, such as a finger, hand, arm, leg, foot, or eye, you may be eligible to receive specific loss benefits. These benefits are paid as a lump sum and are in addition to any other workers' compensation benefits you may be entitled to.
• Death Benefits: If a loved one has died as a result of a work-related injury or illness, you may be eligible to receive death benefits to help cover funeral expenses and lost wages. In most cases, these benefits are paid to the surviving spouse and children. If there is no surviving spouse or children, death benefits may be paid to other dependents.

It’s important to note that workers' compensation benefits are typically only available for economic damages, such as medical expenses and lost wages. In other words, you are not eligible to receive benefits for pain and suffering.

What to Do If You Are Injured on the Job

If you are injured on the job in Ellwood City, there are certain steps you should take to protect your health and your rights. The specific steps you should take depend on the severity of your injuries and the nature of your accident.

If you are injured on the job, be sure to do the following:

• Get Medical Attention: Even if your injuries appear to be relatively minor, you should still seek medical attention as soon as possible. Some injuries, such as traumatic brain injuries and soft tissue injuries, may not be immediately apparent. For non-emergency injuries, your employer may require you to see a physician on their approved list.
• Report the Accident: Under Pennsylvania law, you should report your work injury to your employer within 21 days. Whenever possible, you should report the accident in writing and keep a copy of your report for your records.
• Keep Records: Be sure to keep copies of all medical records, expense receipts, and any other documents related to your work injury. These records can help you prove the extent of your injuries and the cost of your medical treatment.
• Follow All Medical Advice: You have a legal duty to mitigate your damages after a work injury. This means you must follow all of your doctor's orders and attend any necessary follow-up appointments. Failing to do so could result in a reduction in benefits.
• Consider Hiring an Attorney: While you are not required to hire an attorney to help you file a workers' compensation claim, doing so can significantly increase your chances of obtaining benefits. An experienced attorney can help you gather the necessary evidence, ensure your claim is filed correctly, and guide you through every step of the claims process.

It’s important to note that you should never give a recorded statement to your employer or their insurance company after a work injury. Anything you say in these statements can potentially be used against you to deny your claim. Instead, you should tell the insurance company that you are not able to give a statement at that time and refer them to your attorney.

Why Was My Workers' Compensation Claim Denied?

There are many reasons why a workers' compensation claim may be denied. In some cases, the insurance company may claim that your injuries are not severe enough to warrant benefits. In other cases, the insurance company may argue that your injuries are not work-related.

Some of the most common reasons why workers' compensation claims are denied include:

• The injury was not reported on time
• You did not receive medical treatment
• There is a discrepancy in your medical records
• The insurance company believes your injuries are not work-related
• You have a pre-existing condition

If your workers' compensation claim has been denied, you have the right to appeal the decision. However, the appeals process is extremely complex and time-consuming. That’s why it’s in your best interest to hire an experienced attorney to help you fight for the benefits you are owed.

How Can a Workers' Compensation Lawyer Help Me?

Workers' compensation claims are often highly complex and can be difficult to navigate without the help of an experienced attorney. At Luxenberg Garbett Kelly & George, P.C., we understand the challenges you are facing, and we are here to help. Our Ellwood City workers' compensation lawyers can help you gather the necessary evidence, file a claim, and guide you through every step of the process. We are committed to protecting your rights and will work tirelessly to help you obtain the benefits you are owed.

Contact Luxenberg Garbett Kelly & George, P.C. today at (724) 576-8855 to schedule a free consultation with our workers' compensation attorneys in Ellwood City.