Did you recently get injured on the job in Wyomissing, PA? You may be entitled to recover workers’ compensation benefits to cover medical bills, lost wages, and more. An experienced Wyomissing workers’ compensation lawyer at Marzzacco Niven & Associates can help you explore all of your legal options.
Our legal team has decades of combined experience in the areas of personal injury and workers’ compensation. We’ve recovered tens of millions of dollars fighting for injured workers like you.
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How Marzzacco Niven & Associates Can Help With a Workers’ Compensation Claim in Wyomissing, PA
According to BLS research, there were more than 2.8 million nonfatal work injuries nationwide in 2019. You shouldn’t have to risk your financial security to earn a living. Fortunately, workers’ compensation is designed to help workers get back on their feet after an accident.
To claim benefits, you’ll have to follow complex rules. Those rules often favor employers and insurance companies who want to pay less than you deserve. An experienced Wyomissing personal injury attorneys can help you fight for the maximum compensation to which you’re entitled.
When you hire Marzzacco Niven & Associates to stand up for you, your experienced lawyer will:
- Help you understand all legal options, including personal injury lawsuits
- Identify all responsible parties
- Gather the strong medical evidence you’ll need to support your case
- Negotiate with the insurance company to ensure a fair settlement
- Fight for your rights on appeal if your initial claim is denied
Our practice includes Certified Workers’ Compensation Specialists who have helped countless clients maximize their workers’ comp benefits. We’ve also been recognized by Super Lawyers and Best Lawyers of America.
Call our law firm for a free consultation with a Wyomissing personal injury attorney today.
How Common Are Workplace Injuries in Wyomissing?
According to Bureau of Workers’ Compensation data, 147,918 workers’ compensation claims were filed in the state of Pennsylvania during 2020 alone. Almost 3,800 of those claims were filed in Berks County.
In fact, Berks County saw more injuries in the manufacturing industry than any other county in Pennsylvania. Fortunately, Pennsylvania workers’ compensation laws require nearly every employer to carry workers’ compensation insurance.
What is My Wyomissing Workers’ Compensation Case Worth?
The value of your workers’ compensation benefits will depend on the severity of your injuries.
All of your medical costs should be covered by workers’ compensation. However, you’ll be required to visit an approved doctor or facility. After 90 days, you may be permitted to seek treatment from your own doctor–but you should notify your employer first.
You won’t receive your typical paycheck while you recover. Instead, the value of your cash benefits will depend on:
- Your average weekly wages prior to the accident
- Whether you can work in a partial capacity
- The number of days you miss from work
You’ll begin to receive a workers’ compensation check after you’ve been out of work for seven days. If your recovery lasts at least 14 days, you’ll receive payment for the first seven days.
If you’re completely unable to work, your workers’ compensation check will equal about ⅔ of your average weekly wages prior to the accident. However, you could receive less if your wages exceed the maximum amount allowed under Pennsylvania law. For 2020, the cap is $1,130 per week.
On the other hand, if your earnings are less than $627.77 per week, you could receive up to 90% of your average weekly wages during your recovery period.
You may also be entitled to additional compensation if you’re eligible to file a personal injury lawsuit against a negligent third party.
What Types of Workers’ Compensation Benefits Are Available in Pennsylvania?
You may be entitled to recover workers’ compensation benefits if you were injured while performing work-related duties. You can also file a claim if you sustained an illness caused by something in the workplace.
Workers’ compensation benefits can cover:
- Reasonable and necessary medical expenses
- A portion of your lost income
- Specific loss benefits for permanent loss of your ability to use a body part
- Death benefits for families of fatal work accident victims
The type of disability benefits depends on the nature and severity of your injuries or illness. In Pennsylvania, there are several types of disability benefits, including:
- Temporary total disability benefits if you’re totally unable to work but expected to return after your recover
- Permanent partial disability benefits if it takes at least 90 days to reach maximum medical improvement (MMI), but you’re never expected to recover fully
- Permanent total disability benefits if you’re never able to return to work
The benefits you receive are based on the results of an independent medical exam (IME). The process includes assigning you an impairment rating, which will determine your level of disability.
Can I File a Lawsuit Against My Employer for Additional Damages?
Injured workers are generally prohibited from taking legal action against a negligent employer. While you forfeit your right to sue your employer for damages under Pennsylvania workers’ compensation laws, negligent third parties don’t receive similar protections.
For example, if you were injured in a car accident while performing work-related duties, you may be entitled to file a third-party claim to recover damages for:
- Past and future medical expenses
- Your full lost wages
- Reduced earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
You might be entitled to similar damages for accidents involving other third parties like manufacturers, property owners, or general contractors. Our Wyomissing workers’ compensation attorneys can help you pursue the full range of benefits you deserve. Call for a free case review today to learn more about your legal rights.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Pennsylvania?
Pennsylvania’s comparative negligence laws do not apply in workers’ compensation cases. You can file a claim for workers’ comp benefits even if you were partly or fully responsible for your work injuries.
That doesn’t mean it’ll be easy to get the benefits you deserve. For example, your employer might claim that your injuries were pre-existing or non-work-related.
You deserve an advocate to protect you. Call Marzzacco Niven & Associates to schedule a free case evaluation with a lawyer serving Berks County and Chester County today.
We’ll Fight to Recover Compensation for All of Your Workplace Injuries
Some of the most common types of injuries covered by workers’ compensation include:
- Broken bones
- Soft tissue injuries
- Back injuries
- Vision loss
- Brain injuries
- Spinal cord injuries
- Head and neck injuries
- Crush injuries
- Catastrophic injuries
- Wrongful death of a loved one
Some of these injuries can leave injured workers struggling with long-term challenges. You may also be entitled to benefits if your pre-existing condition was worsened by on-the-job conditions.
It’s important to talk with an experienced attorney soon after your accident. With our help, you’ll greatly increase your chances of recovering full compensation for your injuries. We offer free initial consultations–so don’t hesitate to reach out for the legal advice you deserve.
What Causes Most Workplace Accidents in Wyomissing, Pennsylvania?
Our lawyers in Wyomissing handle all types of workers’ compensation claims, including those involving:
- Car accidents
- Truck accidents
- Accidents involving heavy machinery or unsafe work equipment
- Construction site accidents
- Exposure to dangerous substances
- Fires and explosions
- Scaffolding accidents
- Slip and fall accidents
- Accidents where the worker is crushed by a falling object
- Repetitive stress injuries, including carpal tunnel
Do you need help determining the cause of your accident? Call for a free case evaluation today. We’ll review the details of your case to help you determine the best course of action.
How Long Do I Have to File a Workers’ Compensation Claim in Pennsylvania?
It’s important to report your work injury or illness promptly. You must notify your employer within 120 days of the injury or diagnosis. If you report the injury within 21 days, you’ll receive workers’ comp from the date you were hurt. If you wait, you won’t be entitled to receive benefits for your first 21 days off the job.
The statute of limitations in personal injury cases is two years. If a negligent third party caused your injuries, you’d have two years to file a personal injury lawsuit for damages.
Contact a Wyomissing Workers’ Compensation Lawyer for a Free Consultation
Are you struggling with painful work injuries? Call an experienced Wyomissing workers’ compensation lawyer for a free consultation today. At Marzzacco Niven & Associates, we’ve already helped countless clients recover the compensation they deserve–and we’d be happy to put our skills to work for you.