Were you hurt in an accident at work in Lancaster, PA? The state workers’ compensation law provides benefits for medical bills, lost wages, and disability. An experienced Lancaster workers’ compensation lawyer at Marzzacco Niven & Associates can help you navigate the complex claims process to get the money you need.
For decades, our attorneys have fought hard to protect injured workers like you. We have a lot to show for it–we’ve recovered tens of millions of dollars in compensation.
How Marzzacco Niven & Associates Can Help With a Workers’ Compensation Claim in Lancaster, PA
Your job is important, but so are your health and safety. If you were injured at work, you shouldn’t have to worry about your financial stability on top of everything else.
The goal of workers’ compensation insurance is to take care of your financial costs so that you can focus on your recovery at home. However, if you need to file a claim, you might see that getting the money you need isn’t as easy as it should be. Even though workers’ compensation is a no-fault system, your employer’s insurer still may try to deny or diminish the value of your claim.
Our Lancaster personal injury attorneys can use over 25 years of experience to help you get the money you need after an on-the-job accident. It’s true that we’ve been nationally recognized by Super Lawyers and U.S. News and World Report. However, your attorney should also have specialized experience handling work accident claims. Our team includes two Certified Workers’ Compensation Specialists — a designation earned by only 208 other attorneys in the state.
You can trust an experienced team at Marzzacco Niven & Associates to:
- Help you fill out the paperwork and meet all deadlines
- Investigate to identify the cause of your accident
- Evaluate your right to sue a third party for additional damages
- Hire experts and specialists as needed
- Hande any appeals or challenges you may face
- Negotiate with the insurance companies to get the full compensation you deserve
We’d be happy to sit down and talk about your case. Call today to schedule your free consultation to learn more.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance coverage that employers purchase. It provides aid to employees who suffer work-related injuries or illnesses. Workers’ compensation can provide medical benefits as well as wage benefits if you are unable to work.
Workers’ compensation is a no-fault system, which means you can still receive benefits even if you are to blame for your injury (there are exceptions to this, however).
In most cases, workers’ compensation is your only avenue for receiving financial benefits as a result of your work-related injury or illness. But that doesn’t mean that it’s always easy to receive these benefits. That’s where one of our Lancaster workers’ compensation lawyers can help.
How Common Are Workplace Accidents in Lancaster?
Pennsylvania workers put their safety on the line every day. In 2020, PA employees filed 147,918 workers’ comp claims with the Bureau of Workers’ Compensation. According to the BLS, 154 Pennsylvania workers died on the job the year before.
Fortunately, employers in Pennsylvania are required to carry workers’ compensation insurance to provide benefits to employees who can’t work because of a work-related injury or illness.
What is My Workers’ Comp Case Worth?
The value of your workers’ compensation benefits depends on the combined total of the medical expenses and disability benefits of your particular case.
The value of your workers’ comp case in Pennsylvania is primarily based on:
- Your average weekly wages prior to getting hurt
- Whether you can work in a limited capacity
- How much time you’ll miss from work
- Whether you’re entitled to file a third-party claim for additional damages
Pennsylvania law puts a cap on the maximum weekly disability benefits you can receive. In 2021, the maximum you can receive is $1,130 per week, regardless of your prior earnings.
Who Is Eligible For Workers’ Compensation in Pennsylvania?
Virtually every employee in the State of Pennsylvania is eligible for workers’ compensation benefits. The Pennsylvania Workers’ Compensation Act mandates that most employers carry worker’s compensation coverage for their employees.
Seasonal as well as part-time employees are covered by the Act. The Act requires nonprofit organizations, unincorporated businesses, and companies with only one employee to purchase workers’ compensation coverage.
In limited circumstances, different laws provide for workers’ compensation in Pennsylvania. Two examples are railroad workers and federal civilian employees.
Chances are, you’re eligible for workers’ compensation. If you’re not sure, feel free to give us a call, and we can give you a definitive answer.
What Types of Workers’ Compensation Benefits Are Available to Injured Workers in Lancaster County?
Workers’ compensation is designed to cover your economic losses while you’re unable to work. Injured workers are entitled to several different types of benefits.
Depending on the nature of your injuries, you may be entitled to workers’ compensation benefits for:
- Medical care
- Lost wages and disability
- Specific loss of a bodily function
- Serious disfigurement
Workers’ comp also provides death benefits to surviving family members in fatal work injury cases.
Workers’ compensation covers all reasonable and necessary medical expenses related to your injury. To receive benefits without challenge, you should visit a doctor that’s been approved by your employer. If you visit a non-approved doctor, your employer may refuse to pay for your treatment.
These should cover the cost of:
- Emergency rooms
- Hospitalization and surgeries
- Doctor’s visits
- Follow-up care
- Medical devices
You’re entitled to reimbursement for medical costs even if you never miss a day at work. Further, after 90 days, you’re entitled to visit your own doctor instead of the pre-approved physician.
If you’re completely unable to work, temporary total disability benefits cover about 66% of your average weekly wages. Assuming you miss more than seven days of work and quickly report your injury, you should receive your first check within 21 days.
You may also be entitled to disability benefits for:
- Partial disability
- Permanent disability
- Specific loss benefits, if you lose the ability to use a body part
When it comes to determining the type of disability benefits available, your medical evaluations and impairment rating are important.
Your employer can request a medical evaluation after you’ve received total disability benefits for 104 weeks. If your impairment rating is at least 35%, you can continue to receive those benefits.
If you can return to work (even in a limited capacity), you can qualify for partial disability benefits for up to 500 weeks.
Can I File a Personal Injury Lawsuit for Additional Damages?
Injured workers forfeit their right to sue an employer in exchange for no-fault workers’ comp benefits. There’s no similar rule to protect third parties.
If your injury was caused by a third party, you may deserve additional damages for:
- Pain and suffering
- Emotional distress
- Anxiety or depression
- Loss of enjoyment of life
- Loss of consortium
- Property damage
- And more
Do you have questions about the third-party claims process? Contact our law offices for a free case review today, our phone number is (717) 616-2954 or you can send us an email from our contact us page.
How Long Do Workers’ Comp Benefits Last in Pennsylvania?
Generally speaking, your benefits will last until you are able to return to work at a pay rate of at least equal to what you were receiving prior to your injury. Pennsylvania has two broad categories of benefits: Total Disability Benefits Status and Partial Disability Benefits Status.
Total Disability Benefits Status applies to workers who cannot work at all. Once you are under this status for 104 weeks, your employer can ask for a medical examination to see if you fall under this category.
Partial Disability Benefits Status can last for up to 500 weeks. While on this status, you can petition to have your designation changed to Total Disability.
Contact a Lancaster workers’ compensation lawyer today if you’re not sure how long the benefits will last in your case. We’re here to help.
What Happens To My Workers’ Comp Benefits If I Quit My Job?
If you are receiving workers’ compensation benefits with your current employer but then quit your job, in most cases, you will continue to receive those benefits.
Your employer’s workers’ compensation insurance company must continue to pay for your medical treatment, for example.
If you are receiving Total Disability Benefits, those will usually continue until you recover from your injury or illness – or if you take another job that pays at least what you were making before. It works largely the same way for those receiving Partial Disability Benefits.
Can I Recover Damages If I’m Being Blamed for Getting Hurt on the Job?
Yes. You don’t have to prove negligence to recover benefits in Pennsylvania. The workers’ comp system is a no-fault system. Employee negligence is typically not a factor as long as the injury or illness is work-related.
The only exceptions to this rule include situations where you:
- Intentionally self-inflicted your injuries
- Were intoxicated or under the influence of illegal drugs
- Caused the injury while participating in illegal activities
Is your employer challenging your right to benefits? Our lawyers will be the best at defending you. Give us a call to learn more about your options.
We’ll Fight to Recover Compensation for All of Your Work-Related Injuries
Any type of workplace injury can take you off the job. Our team handles all kinds of work injury claims, including those involving:
- Sprains, strains, and soft tissue damage
- Repetitive stress injuries
- Back injuries
- Broken bones and fractures
- Eye injuries
- Hearing damage
- Brain injuries
- Spinal cord injuries
- Nerve damage
- Organ damage
- Chest injuries
- Crushing injuries
- Lung damage
- Catastrophic injuries
- Wrongful death of a loved one
What If I Was Permanently Injured or Disabled as a Result of a Work Injury?
If you were permanently injured or disabled after a work-related injury, you might be entitled to a lifetime pension if it is determined you are unable to return to work of any kind. This will depend on your specific circumstances.
In other cases, you will most likely be assigned Total Disability Benefits Status. You’ll receive benefits for 104 weeks. After that time, you might be asked to submit to a medical evaluation to determine if you still belong in that status or if your injury or illness has improved.
In either event, you’ll want to make sure you’re receiving the benefits you deserve. A Lancaster workers’ compensation attorney with Marzzacco Niven & Associates is here to help. Call today for a free consultation.
We Handle All Types of Workers’ Compensation Claims
You may be entitled to workers’ comp benefits whether you’re hurt on a construction site or slip and fall in the office. You may also get benefits if you were injured while performing work-related activities outside of your typical job site.
Our workers’ comp attorneys handle all types of claims, including:
- Slip and fall accidents
- Motor vehicle accidents
- Scaffolding accidents
- Roof and ladder falls
- Construction site accidents
- Accidents involving cranes, forklifts and other heavy machinery
- Accidents caused by unsafe work equipment
- Defective products
- Exposure to toxic chemicals or substances
- Fires and explosions
- Electrocution accidents
- Manufacturing accidents
- Occupational illnesses and diseases
- Premises liability
- Negligent security
If you’ve suffered a workplace injury or illness, it’s important to speak with an attorney who specializes in these types of claims. Our legal team at Marzzacco Niven & Associates has decades of experience handling cases like yours–and we can help protect your rights throughout the entire claims process.
How Long Do I Have to File a Workers’ Compensation Claim in Pennsylvania?
It’s important to act quickly if you’re hurt on the job. If you wait too long, you could lose some benefits or forfeit your rights entirely.
Workers’ compensation laws give you 120 days to notify your employer about the injury. If you fail to give your employer notice within 21 days, you won’t receive benefits until you provide notice.
You may also have the right to appeal if your claim is denied. You’ll have three years to file an appeal with the workers’ compensation insurance board.
How Long Can You Stay Off Work When You File a Workers’ Compensation Claim?
In most cases, after filing a workers’ compensation claim, you can stay off work until you have recovered to the point where you can resume your normal job duties.
If you are on Total Disability Benefits Status, after some time you will be asked to submit to a medical evaluation. This medical evaluation could result in a redesignation to Partial Disability Benefits Status, where you could still stay off work and receive benefits. The evaluation could also indicate that you are fit to return to work.
The process is similar for those on Partial Disability Benefits Status. Your condition will be re-evaluated, and your benefits could come to an end if it is determined you can return to your job.
Can You Sue After Accepting an Insurance Settlement?
In almost every case, accepting an insurance settlement will prevent you from suing the at-fault party. That’s why it’s crucial not to accept a settlement until you’re sure it’s a fair offer.
Unfortunately, insurance adjusters are trained to maximize their insurance company’s bottom line. This means that they’ll attempt to minimize the value of your claim and will generally send you an initial settlement offer that’s worth less than the value of your claim.
Fortunately, the Lancaster workers’ compensation attorneys with Marzzacco Niven & Associates know how these insurance companies operate and won’t let them take advantage of you. Contact us today for a free initial consultation.
Contact a Lancaster Workers’ Compensation Attorney for a Free Consultation
A single misstep at work can impact you for months or even years. You’ve worked hard over the years and deserve protection. An experienced Lancaster workers’ comp attorney at Marzzacco Niven & Associates can help you fight for the maximum compensation available for your workplace injury. Getting help is easy–just call for a free consultation.
Workers’ Comp Blog & Resources
- How Does Workers’ Comp Pay for Lost Wages in PA?
- How Much Does It Cost to Hire a Workers’ Compensation Attorney?
- How Much is My Workers’ Comp Case Worth?
- What Does PA Workers’ Compensation Insurance Cover?
- Workers’ Compensation FAQ
Read more testimonials here.
Our Team Of Workers’ Compensation Lawyers At Marzzacco Niven & Associates Can Help In Any City In Pennsylvania
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Areas We Serve In Lancaster, PA
Woodlawn, Conestoga Woods, Bausman, East Petersburg, Eden, Neffsville, West Lancaster, Lyndon, Rohrerstown, Millersville, Willow Street, Strasburg, Leacock-Leola-Bareville, Mountville, Salunga-Landisville.