Under Pennsylvania law, people who are injured while in the course and scope of their employment have a right to collect compensation commensurate with their lost wages. All employers in Pennsylvania are required to obtain workers’ compensation insurance. These policies pay indemnity, or wage benefits along with medical costs associated with treating employees who are injured.
Unfortunately, insurance companies sometimes find any excuse possible to deny a claim and save money and as a result, it is often necessary for claims to be filed with the Pennsylvania Workers’ Compensation Bureau. The firm handles all aspects of these workers’ compensation claims and can help injured workers receive the benefits to which they are entitled by law.
Pursuing a claim requires the assistance of a competent workers’ compensation lawyer.
Without the assistance of a lawyer, an employee is likely to receive less in wages and fail to receive the medical treatment necessary to treat their injuries. Any injury or illness that happens while employee is at work, acting in the course and scope of their employment, is covered by workers’ compensation. However, this is a more complex idea than it might appear.
Although as a general rule, the employee must be injured while he is at “work”, if he is injured traveling to or from work or during a break, the employee may still be entitled to benefits.
Since there are many nuances involved in context of workers’ compensation, it is imperative that employees have competent legal representation. If an employee is injured in the course and scope of his or her employment, the appropriate employer may formally deny the claim, or in some circumstances may simply ignore the claim. In both those instances, it will be necessary for the employee, through experienced legal counsel, to file a claim petition with the Pennsylvania Workers’ Compensation Bureau.
Once the claim is filed, the Bureau assigns the matter to an Administrative Law Judge, who will hear the case in its entirety through the course of several hearing dates and ultimately issue a decision. There are also instances where an employer may initially agree to pay a claim, but at some point decide that the injured employee can return to work. Very often when this circumstance arises, the employee may feel that he or she requires additional medical treatment or is simply physically unable to return to work.
In order to cause the employee to return, the employer will file a petition with the Bureau and it is necessary for the employee to defend against the petition in order to remain in receipt of the benefits to which they are legally entitled. This process requires the expertise of a compensation lawyer to litigate the legal issues involved. Most often during the pendency of the claim, opportunities will be presented for the claim to be settled.
Having a compensation lawyer to fight for the injured employee is critical to ensure a favorable result throughout the process.