Workers Compensation

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Western Pennsylvania Workers' Compensation Lawyer - Western Pennsylvania Workers’ Comp Attorneys

Fighting for the Rights of Injured Workers Throughout Pennsylvania

When workplace injuries occur, the financial and emotional toll on the injured person and their family can be significant. Workers’ compensation in Pennsylvania is designed to alleviate some of these burdens by providing essential benefits. These benefits cover medical expenses, lost wages, and help secure the injured worker’s livelihood and family stability during recovery. However, the process of filing for these benefits can be complicated and sometimes overwhelming. Missteps in the filing process can lead to delays or denials, leaving workers without the needed support when it is most crucial.

At Luxenberg Garbett Kelly & George P.C., our seasoned Western Pennsylvania workers’ compensation lawyers have a strong track record of assisting injured workers through the filing process and beyond. Working with an experienced attorney can greatly improve your chances of a successful claim and of securing the full range of benefits you are entitled to.

If you or someone you know has been injured at work, it is important to act promptly. Contact Luxenberg Garbett Kelly & George P.C. to discuss your case. Our team of Western Pennsylvania personal injury lawyers is ready to explain your rights, help file your claim correctly, and explore all available options to ensure that you and your family receive the support you need to move forward.

Schedule a free consultation today at (724) 658-8535.

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What is Workers' Compensation?

Pennsylvania’s workers’ compensation laws are designed to provide a swift and definite compensation method for employees who sustain work-related injuries. Under these laws, benefits are delivered regardless of fault, which means that employees do not need to prove that their employer was at fault to receive benefits. However, in exchange, employees forfeit the right to sue their employer for negligence. This trade-off forms the core of the workers’ compensation system, which aims to cover medical expenses and lost wages while minimizing the legal battles between employees and employers.

Both employees and employers have significant roles within the workers’ compensation system. Employees are responsible for reporting injuries sustained on the job promptly, typically within 120 days from the date of the incident to retain eligibility for benefits. Employers, on the other hand, must provide workers’ compensation insurance for their employees, a stipulation that is mandatory in Pennsylvania. They are also tasked with documenting the injury and filing a report with the state’s workers’ compensation board and their insurance carrier.

The Pennsylvania Workers’ Compensation Act is the cornerstone of workers’ compensation law in the state. This act outlines the detailed process of claiming compensation, including the types of benefits injured workers can claim, the procedure for disputing claims, and the administration of claims via the Bureau of Workers’ Compensation. The Act ensures that workers receive prompt medical treatment and adequate financial compensation for lost wages due to work-related injuries or illnesses.

For those facing challenges or uncertainties about their claims, the attorneys at Luxenberg Garbett Kelly & George P.C. can provide valuable guidance and representation. With their deep knowledge of Pennsylvania workers’ compensation laws, our attorneys assist clients in securing the full benefits they are entitled to under the law.

If you or someone you know is struggling with a workers’ compensation issue in Western Pennsylvania, consider reaching out to Luxenberg Garbett Kelly & George P.C.. Our attorneys are ready to help you effectively manage your claim and work towards the most favorable outcome possible.

Contact us today at (724) 658-8535.

What Types of Workplace Accidents & Injuries Are Covered by Workers’ Compensation?

Workers’ compensation covers all work-related accidents, injuries, and diseases for eligible employees in Pennsylvania. Because it is a no-fault system, you do not need to prove that your employer or any other party was negligent or otherwise at fault for your injuries or medical condition to receive workers’ compensation benefits. In exchange, you typically cannot sue your employer for damages after a workplace accident or after being diagnosed with an occupational injury or illness.

Our Pennsylvania workers’ compensation attorneys represent workers with almost every type of job-related injury and illness, including but not limited to:

  • Commercial vehicle and on-the-job auto accidents
  • Falls from heights
  • Construction accidents
  • Being struck by falling objects
  • Incidents caused by defective products, tools, and equipment
  • Machine entanglement and other machinery accidents
  • Injuries from lifting or other manual labor
  • Amputation/loss of limb
  • Burns from fires, explosions, and contact with hot items or surfaces
  • Repetitive stress/motion injuries, such as carpal tunnel syndrome
  • Occupational illnesses and toxic exposure
  • Head and traumatic brain injuries
  • Neck, back, and spine injuries
  • Broken bones and “crush” or caught-between injuries
  • Overexertion, sprains, and strains

We also represent workers who have become seriously ill from toxic exposure to hazardous chemicals or asbestos, as well as law enforcement and medical workers infected with Hepatitis C or another infectious disease via workplace exposure. Contact us today for more information on how we can assist you in filing a workers’ comp claim in Western Pennsylvania.

What Benefits Does Workers’ Compensation Offer?

Workers’ compensation benefits provide crucial support to employees who sustain injuries or illnesses as a direct result of their employment. This support extends beyond simple wage replacement, covering a range of needs that may arise after a workplace injury. The system is designed to help workers recover and return to work, if possible, while also providing financial stability during their recovery. 

Type of BenefitDescription
Medical BenefitsCovers necessary and reasonable medical treatment related to the workplace injury or illness.
Wage Loss CompensationProvides partial replacement of lost wages for employees unable to work due to injury or illness.
Specific Loss BenefitsCompensation for permanent injuries such as loss of a limb or bodily function.
Death BenefitsSupport for dependents of workers who die from work-related injuries or illnesses.

Under Pennsylvania law, employees are entitled to receive comprehensive medical benefits for injuries sustained at work. This includes all necessary and reasonable medical treatment, surgery, and prescriptions. There are no time or monetary limits on medical benefits, but treatments must be deemed necessary for the injury or illness. Employees can choose their own healthcare provider after 90 days from the first visit to an employer-assigned medical professional.

If an injury or illness prevents an employee from working, they may be eligible for wage loss compensation. This benefit is designed to replace a portion of the employee’s lost wages and is typically about two-thirds of their average weekly wage, subject to state maximums. Employees are eligible for these benefits if they are unable to work at all (total disability) or can only perform duties that pay less due to their injury (partial disability).

Specific loss benefits are provided for permanent injuries such as the loss of a limb, loss of use of a limb, or loss of bodily function. These benefits are paid regardless of the employee’s ability to return to work, based on a predefined schedule that assigns a certain number of weeks of compensation for each type of loss.

In the unfortunate event that a worker dies as a result of a work-related injury, the law provides death benefits to the deceased worker’s dependents, typically the spouse, children, or other dependent family members. These benefits include a portion of the worker’s salary and can cover funeral expenses up to a fixed amount as stipulated by state law.

Awareness of the full range of workers’ compensation benefits available can be crucial for employees and their families following a workplace injury or death. At Luxenberg Garbett Kelly & George P.C., our top-rated attorneys offer knowledgeable guidance and support. We can assist you in filing a workers’ compensation claim and can aid in securing all entitled benefits effectively.

If you need assistance with a workers’ compensation claim or have questions about your rights to benefits, contact Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535.

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We only work with clients and cases we truly believe in, we take your case because we genuinely believe in both you and your case’s importance.

How to File a Workers’ Compensation Claim in Pennsylvania

In Pennsylvania, the process for handling workers’ compensation claims is structured to support workers injured on the job in obtaining necessary benefits efficiently. 

The first critical step after sustaining a workplace injury is to report the incident to your employer. Pennsylvania law requires that this report be made within 120 days of the injury occurrence. Prompt reporting is crucial as it not only initiates the claims process but also helps in documenting the event accurately.

Once an injury is reported, the next step is filing a workers’ compensation claim. This involves submitting all required documentation that details the nature and extent of the injury, as well as any initial medical reports. It is important for the employee to gather comprehensive documentation to support the claim. The employer will then forward this information to their workers’ compensation insurance carrier. Your Western Pennsylvania workers’ compensation attorney can help you prepare the requirements and ensure that all paperwork is accurate.

After reviewing the claim, the insurance company will either approve or deny compensation. This decision is based on several factors, including the completeness of the claim submission, the details of the incident, and the medical evidence provided. If approved, the worker will start receiving benefits. If denied, the worker has the right to understand the reasons for denial and may need to prepare for further action.

If the claim reaches this stage, the process involves presenting the case in a formal hearing, where both the employee and the employer can provide evidence and testimony. The workers’ compensation judge will then make a decision based on the law and the evidence presented. If the decision is unfavorable, further appeals can be made to the Workers’ Compensation Appeal Board and, if necessary, to the Pennsylvania Commonwealth Court.

From reporting the injury to handling denials and appeals, each step involved with filing a workers’ comp claim must be managed with careful attention to legal details. The attorneys at Luxenberg Garbett Kelly & George P.C. are well-equipped to provide legal assistance and representation through each phase of the claims process. If you are facing difficulties with your workers’ compensation claim or if your claim has been denied, consider reaching out to Luxenberg Garbett Kelly & George P.C. for professional legal support and representation.

Securing Your Rights with Professional Legal Support

Our Family is Here to Help Yours

Filing for workers’ compensation in Pennsylvania is a crucial step toward recovery and financial stability after a workplace injury. With the support of a knowledgeable workers’ compensation attorney from Luxenberg Garbett Kelly & George P.C., you can confidently address the challenges of filing a claim and maximize your chances of a favorable outcome.

Our legal team at Luxenberg Garbett Kelly & George P.C. is committed to providing clear, effective guidance and representation. We are well-prepared to handle your claim with the diligence and dedication it deserves, helping to alleviate the burden on you and your family during a difficult time.

If you are dealing with a workplace injury, reach out to us today. Our attorneys are ready to assist you by professionally managing your workers’ compensation claim from start to finish.  Schedule a free consultation today at (724) 658-8535.

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If your workers’ compensation claim has been denied, or if your benefits have been disputed or terminated, you have the right to file an appeal. Appealing a denied workers’ compensation claim involves numerous steps, and the process can be challenging. At Luxenberg Garbett Kelly & George P.C., however, we will walk with you through every step.

Our workers’ compensation appeals attorneys can help you file the appropriate documentation and speak on your behalf during your hearing and other proceedings. When you turn to our firm with a denied claim, we will start by filing a petition with the Bureau of Workers’ Compensation and take steps to ensure your case goes before a workers’ compensation judge.

During the hearing, you will have the opportunity to demonstrate why you have a rightful claim to these benefits. Our team will work directly with you to ensure that you are fully prepared for this hearing and any other legal or administrative proceedings. We understand what is at stake for you and your family, and we are ready to handle all aspects of your case on your behalf.

Our Pennsylvania workers’ compensation lawyers employ their extensive resources and experience for the benefit of their clients. We also cover all litigation costs during your case, including physician depositions. If we are successful on your behalf, the insurance company will pay our expenses, but if we do not win, you will not owe us anything.

Insurance Companies Do Not Intimidate Us

At Luxenberg Garbett Kelly & George P.C., we know that worker’s comp insurance companies will often dispute or deny a valid claim simply to avoid having to pay them out. These tactics do not intimidate us.

Our worker’s comp attorneys in Pennsylvania have extensive experience fighting back against insurance companies that seek to disadvantage everyday people, and we are prepared to aggressively advocate for your rights. Our National Board of Trial Advocacy Board-Certified Civil Trial Specialists are here to guide you every step of the way.

We care deeply about the people and communities we serve and strive to develop lasting relationships with every client. At LGKG, we truly care.

You can still collect Workers’ Compensation wage benefits after returning to your company, in some cases. For example, if your employer offered you a reduced schedule or a lower-paying position, you might still get compensation for the loss in wages. Different states have different requirements for employers retraining and rehiring workers after an injury-related hiatus. Therefore, you would have to resolve any disputes you have in the context of Pennsylvania’s unique laws.

Medical Concerns With a Return to Work

If your employer is pressuring you to return to work and you do not feel that you are ready, there could be a conflict of interest. Sometimes, your employers might be pressuring you because they believe it would be cheaper to get you back to work than to hire a temporary replacement. In other cases, they might have some misconceptions about the way that Workers’ Compensation insurance works, they might be receiving pressure from their insurance company or any number of other reasons. In other words, your employer’s pressure likely comes from a financial or business concern. It is unlikely to come from a professional medical opinion.

Many injuries, especially serious injuries on the job, take some time to recover. You deserve a chance to become as healthy as possible before you risk injury once again for an employer. If you were injured at work and are considering returning to work, be sure to speak with an experienced Western Pennsylvania workers’ comp attorney at Luxenberg Garbett Kelly & George P.C. for experienced counsel.

Using our vast experience, insight, and resources, the Western Pennsylvania workers’ comp lawyers at Luxenberg Garbett Kelly & George P.C. can help you appeal a denied workers’ compensation claim, seek additional benefits, fight to reverse the early termination or reduction of your benefits, or even file an initial workers’ compensation claim. 

We Represent All Types of Injured Workers

At Luxenberg Garbett Kelly & George P.C., we have helped all types of workers in Western Pennsylvania secure the workers’ comp benefits they deserve, including:

  • Construction workers
  • Factory and warehouse employees
  • Agricultural workers
  • Healthcare providers
  • Industrial workers
  • Oil and gas workers
  • Corrections officers
  • First responders, including police officers, firefighters, and paramedics
  • Office workers
  • Commercial vehicle operators

If your employer is pressuring you to return to work, or if their insurance company is disputing your claim, Luxenberg Garbett Kelly & George P.C. can protect you and your rights. Contact our Pennsylvania workers’ comp lawyers for experienced legal guidance.

If you have been hurt while on a job, a worker’s compensation injury attorney at Luxenberg Garbett Kelly & George P.C. can be of great help. They can direct you through the confusing workers’ compensation system and ensure your rights are safeguarded.

Firstly, we thoroughly review your case, looking at the specifics of your work injury to determine the full extent of your injuries and their impact on your ability to work. We can also ensure that you receive the necessary medical treatment and rehabilitation services to aid in your recovery.

Workers’ compensation lawyers can precisely determine the benefits you are eligible for, such as medical expenses, income loss, and disability payments. You do not have to do this on your own. Our lawyers can take care of all the interactions involving insurance companies, advocating for an equitable settlement that adequately covers the cost of your injuries.

If your claim has been denied, we are happy to guide you through the appeals process and fight to overturn the decision.

Reach out to Luxenberg Garbett Kelly & George P.C. by calling (724) 658-8535 and speak to our seasoned workers’ comp attorneys in Western Pennsylvania as soon as you can.

Workplace injuries can be physically, emotionally, and financially draining. When you suffer an injury on the job, workers’ compensation is designed to provide you with the necessary benefits to cover medical expenses and lost wages. However, there are situations where navigating the workers’ compensation system can become complex, and it’s in your best interest to hire a workers’ comp lawyer.

Here are some key scenarios in which seeking legal representation is advisable:

  • Denial of Your Claim: If your workers’ compensation claim is denied, don’t panic. It’s a common occurrence, and it doesn’t necessarily mean you won’t receive the benefits you deserve. An experienced workers’ comp attorney can help you appeal the denial, increasing your chances of success.
  • Disputes Over the Severity of Your Injury: Sometimes, the insurance company may dispute the extent of your injury or the resulting disabilities. When your injuries are severe or have lasting consequences, it’s crucial to have a lawyer who can provide evidence and legal arguments to support your case.
  • Delayed or Inadequate Benefits: If your workers’ comp benefits are significantly delayed or insufficient to cover your medical bills and lost wages, it’s time to consult an attorney. They can ensure you receive the appropriate compensation promptly.
  • Retaliation or Employer Discrimination: If you’re facing discrimination or retaliation from your employer for filing a workers’ comp claim, it’s essential to have legal protection. A workers’ comp lawyer can help safeguard your rights and hold your employer accountable.
  • Pre-Existing Conditions and Aggravation: If you had pre-existing medical conditions that were exacerbated by a work-related injury, proving your claim can be challenging. An attorney can help distinguish between pre-existing conditions and new workplace-related injuries to ensure you get the compensation you deserve.
  • Complex Legal Procedures: Workers’ compensation laws can be intricate and vary by state. An attorney is well-versed in these regulations and can guide you through the legal procedures and paperwork to ensure you meet all requirements.
  • Negotiations and Settlements: If the insurance company offers you a settlement, it’s crucial to have a lawyer review the terms to ensure they are fair and cover all your future needs. Negotiating a proper settlement is a vital part of the process.

Workplace injuries can disrupt your life significantly, making it essential to obtain the compensation you rightfully deserve. While Pennsylvania’s workers’ compensation system is designed to support injured workers, this system can sometimes be overwhelmingly complex, particularly in cases involving denied claims, disputed injury severity, or inadequate benefits.

In such situations, the assistance of a skilled workers’ compensation lawyer becomes necessary. Our team at Luxenberg Garbett Kelly & George P.C. can provide critical support by appealing denials, negotiating with insurance companies, and ensuring that your rights are protected throughout the process.

Whether you are dealing with delayed benefits, employer retaliation, or issues related to pre-existing conditions, having a knowledgeable attorney can make a substantial difference in the outcome of your case. If you find yourself facing challenges with your workers’ compensation claim, do not hesitate to contact Luxenberg Garbett Kelly & George P.C. for comprehensive legal guidance and representation, ensuring you receive the benefits you need for a full recovery.

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