Were you or a loved one hurt on the job in Harrisburg, PA? You may be entitled to workers’ compensation benefits to cover your medical bills and lost wages while you recover. An experienced Harrisburg workers’ compensation lawyer at Marzzacco Niven & Associates can fight to get you the full value of your claim.
Our legal team handles more than 300 workers’ compensation claims each year. We’re well-equipped to manage your claim, handle any appeals, and protect your legal rights through the process.
How Marzzacco Niven & Associates Can Help With a Workers’ Compensation Claim in Harrisburg
If you suffered a workplace injury or illness, you deserve compensation and benefits while you recover. After all, you were hurt while performing your job. Workers’ compensation provides benefits regardless of who caused your injury. Still, it can be surprisingly difficult to obtain the benefits you deserve.
Employers and insurance companies challenge workers’ compensation claims on a regular basis. Sometimes they simply request additional information. In other cases, they may deny your benefits claim entirely. Your employer may even claim that you weren’t really hurt on the job.
You can benefit from having an experienced Harrisburg personal injury lawyer in your corner. Our workers’ compensation team includes attorneys who are Certified Workers’ Compensation Specialists. Historically, our founding attorney is a former Pennsylvania workers’ compensation judge. We know workers’ compensation.
When you hire Marzzacco Niven & Associates, we will:
- Handle the paperwork so that your claim is complete and timely
- Help you obtain your impairment rating evaluation
- Determine who is responsible for your injuries and whether you can file a personal injury lawsuit
- Defend you if your employer challenges your right to benefits
- Negotiate with the insurance company
- Advocate for your rights on appeal and during any hearings
Our Harrisburg personal injury attorneys have been fighting for injured workers since 2008. You can trust our legal team to put that experience to work for you. Give us a call today to learn more about how we can help with your claim.
Overview of the Workers’ Compensation System in Harrisburg, PA
Most employers in Pennsylvania are required to purchase workers’ compensation insurance. Workers’ compensation benefits are designed to cover the costs of a work-related injury, illness, or disease.
If you develop a work-related injury or condition, you can file a claim for workers’ comp benefits. Injured workers aren’t required to prove negligence and are eligible for benefits regardless of who caused their accident.
What is My Harrisburg Workers’ Compensation Case Worth?
Generally speaking, the severity of your injury or illness will determine the value of your workers’ comp claim. However, it can be tough to know whether you’re getting the maximum benefits you deserve.
While every case is different, the following factors typically influence the value of a workers’ comp claim:
- The extent of your disability and the duration of your recovery
- Your average weekly wages prior to the accident
- The cost of your medical treatment
Workers’ comp covers all of your reasonable and necessary medical care. It also provides wage replacement benefits while you recover. Most injured workers receive about ⅔ of their average weekly wages, including salary, hourly wages, overtime, bonuses, and other forms of cash compensation.
However, you may receive more or less, depending on the following circumstances:
- Your weekly wage is subject to a statewide maximum cash benefit cap of $1,130 per week in 2021
- You can receive up to 90% of your gross weekly wages if you earned less than $627.77 per week prior to the accident
Your benefit rate will depend on the maximum and minimum dollar amounts that are in place at the time you become unable to work.
What Types of Workers’ Compensation Benefits Are Available to Injured Workers?
Many times, injured workers are not aware of the various workers’ compensation benefits that are available under Pennsylvania law. Our work accident attorneys at Marzzacco Niven & Associates handle hundreds of workers’ compensation claims per year. You can be confident that you’re receiving the full amount you deserve with us by your side.
Depending on the facts of your case, you may be entitled to the following types of benefits:
- Medical benefits, including ER visits, doctor’s visits, medications, home modifications, rehabilitation, and more
- Temporary total disability benefits
- Permanent partial disability benefits
- Benefits for disfigurement or a specific loss
- Death benefits
Your disability benefits will depend on the nature of your injuries or illness. Your treating physician will determine your disability status in an impairment rating evaluation or independent medical evaluation (IME).
Temporary Total Disability Benefits
Temporary total disability benefits are available if you’re completely unable to work for a period of time. After 105 weeks, you’ll undergo a medical examination to determine the extent of your disability.
If you remain at least 35% impaired, you may continue to collect total disability benefits. Otherwise, you may be entitled to partial disability benefits or Social Security disability benefits.
Partial Disability Benefits
You can claim partial disability benefits for a maximum of 500 weeks. These benefits are available if your injury or illness allows you to return to a lower-paying job.
Specific Loss Benefits
Benefits for physical disfigurement or a specific loss if you have permanently lost full or partial use of your:
You may also be entitled to these benefits if you’ve suffered physical disfigurement to your face, head, or neck.
Death benefits are paid to a surviving spouse or dependent family members when a work injury or illness is fatal.
Can I Sue My Employer for Damages?
Injured workers forfeit the right to sue their employers for damages under Pennsylvania workers’ compensation laws. However, you may have a personal injury claim against a negligent third party.
These lawsuits are called third-party claims. You may be entitled to sue for additional damages if your accident was caused by:
- A negligent driver
- The manufacturer of defective work equipment
- A property owner or general contractor
- A third-party vendor
- Engineers or architects
Filing a lawsuit gives you the right to claim additional damages, including compensation for:
- Past and future medical expenses
- 100% of your lost wages, income, and employment benefits
- Diminished future earning potential
- Property damage
- Pain and suffering
- Mental anguish, anxiety, and depression
- Diminished quality of life
- Disfigurement and scarring
- Loss of consortium
Our work accident lawyers will carefully evaluate your case to identify your damages. We’ll explore every option to maximize the amount of money you take home after an injury. Just give us a quick call today to learn more.
Can I Recover Damages If I’m Responsible for Getting Hurt on the Job in Pennsylvania?
Workers’ compensation is a no-fault system in Pennsylvania. In most cases, you can recover benefits even if you were responsible for your own injuries.
However, you’ll be barred from claiming workers’ compensation if:
- Your injuries were self-inflicted
- You were intoxicated at the time of the injury
- The injury was caused by a violation of the law, including illegal drug use on the job
Otherwise, Pennsylvania comparative negligence laws don’t apply in workers’ compensation cases.
We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries
You may be entitled to file a workers’ compensation claim for any job-related injury or illness. Whether you were hurt in a construction site accident, car accident or slipped and fell at the office, we’re here to help.
We handle all types of workers’ compensation claims in Harrisburg, including those involving:
- Back injuries
- Broken bones
- Repetitive stress injuries
- Concussions and traumatic brain injuries
- Spinal cord injuries
- Nerve damage
- Soft tissue damage
- Carpal tunnel syndrome
- Construction accident injuries
- Organ damage
- Traumatic amputations
- Eye injuries
- Hearing damage
- Crushing injuries
- Catastrophic injuries
- Occupational illnesses and injuries
- Illnesses caused by exposure to toxic chemicals and substances
We can also help if you’re suffering after the wrongful death of a loved one. Just give our Harrisburg law firm a call to schedule a free case review today.
How Long Do I Have to File a Workers’ Compensation Claim in Pennsylvania?
You have 120 days from the date of injury to file a workers’ compensation claim. If the insurance company or your employer denies your claim, you have three years to file a claim petition and appeal that decision. The three-year clock starts running on the date you’re hurt or are diagnosed with a work-related illness.
If you’re eligible to file a third-party claim, the statute of limitations gives you two years to take legal action.
Contact Harrisburg Workers’ Compensation Lawyers for a Free Consultation
You shouldn’t be left to suffer the financial consequences if you were injured on the job. An experienced Harrisburg workers’ compensation lawyer at Marzzacco Niven & Associates can protect your rights every step of the way. To get started, call our lawyers for a free initial consultation today.