If you are in need of wage replacement benefits, medical treatment, vocational rehabilitation or other benefits that should be coming to you through Pennsylvania Workers Compensation, you may need a lawyer. Hiring a lawyer can benefit you in getting the full benefits that you are required by law and avoid the loopholes that employers and companies find to avoid paying such benefits. A lawyer will know your rights when it comes to exclusions, federal statutes, litigation, and when you can sue.
First, file the appropriate paperwork immediately after you have been injured on the job. Once a file has been received it can take anywhere from 3 to 5 months to be processed. Back pay is only covered up to 12 months from the date of your injury. The exclusions from receiving Pennsylvania Workers Compensation result from wilful misconduct or being under the influence of a narcotic or alcohol.
There are several special federal statutes that may pertain to your case that any lawyer familiar with workers compensation will know about. Precedent cases such as The Jones Act, The Federal Employment Liability Act (FELA), The Longshore and Harbor Worker’s Compensation Act (LHWCA) and lastly, the Black Lung Benefits Act all benefit employees working who are injured in the sea trade or maritime professions, rail-roads or the mining industry.
For a majority of the workers compensation cases that are filed, only a small percentage are litigated. That is due to the fact that the smaller cases are easily filed and benefits are received. In the cases where major damage has occurred, an employer knows how to enter into loopholes to avoid paying out the full extent of the benefits. A lawyer who has a lot of experience in workers compensation will know how to fight for the full benefits package.
Although hiring a lawyer will help increase the benefits in a workers compensation claim, seldom can the injured party sue. There are however, two situations in which the injured party may sue. One situation is where an employer intentionally injures the employee. The other situation is when an employer does not carry the necessary Worker’s Compensation coverage they are required to by law. Get more information by visiting the website!
