How to File a Workers’ Compensation

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How To File A Workers’ Comp Claim

Employers and insurance companies routinely deny valid workers’ comp claims and do everything they can to limit their liability. An experienced workers’ compensation attorney can help even the playing field and protect your rights.

Who qualifies for workers’ compensation benefits?

The first question to answer when determining whether you have a Pennsylvania workers’ compensation claim is whether you are an employee covered by the Workers’ Compensation Act in the state. Federal employees, railroad workers, longshoremen, and harbor workers are not covered by the state’s workers’ compensation system, and are instead covered by their own federal systems. Other non-covered workers include volunteers, independent contractors, and domestic workers, since these workers are not considered employees.

Seasonal and part-time workers, though, are covered under workers’ compensation. Similarly, non-profit corporations and unincorporated business must provide workers’ compensation coverage. Employers with as few as one employee must follow the Act’s requirements for providing coverage.

What benefits are covered individuals entitled to?

If you get hurt at work, you are entitled to compensation for your injuries. It’s the law. Your compensation may take the form through a number of benefits, including:

  • Lost wages for missed work
  • Medical expenses reasonable to treat the injury or illness
  • Benefits to cover a specific loss, such as a limb or the ability to use it
  • Payment for severe disfigurement or scars
  • Coverage for participation in certain physical or vocational rehabilitation programs
  • Death benefits, such as payment of burial expenses (where applicable)

If your employer claims that you’re not eligible for workers’ comp benefits—because you’re an independent contractor, you fit in one of the other exemptions, or the employer isn’t required to provide coverage—you should consider consulting with a lawyer.

No out-of-pocket costs to you

If you need our services, please call McMenamin & Wing for a FREE consultation. If we take your case, there is no fee until we win!

Understanding workers’ compensation claims

There are many types of workers’ compensation claims and the process is complicated. We have extensive experience filing every type of claim in Pennsylvania—This is the main focus of our practice.

We will help you decide on the right petition for your issues and file your claim successfully. Here are some types to consider:

Claim Petition – File a claim for missed work time, or inability to continue to perform at work due to partial or total disability.    One can also request compensation payments for one or more scars to the head, face, or neck as well as any loss of a limb or other body part or loss of use of a body part.

Reinstatement Petition – If your claim is in suspended status (you do not receive wage loss benefits but you are receiving medical benefits for your injury), one of our experienced workers’ compensation attorneys can help you a file a reinstatement petition to allow you to begin receiving wage loss benefits again. The insurance company will not advise you of this. They may even tell you that your claim is closed, when in fact, it is not.

Lump Sum Settlement – You may receive an offer from the insurance carrier to settle your case for a lump sum of money.

Get the legal consultation of an experienced workers’ compensation attorney before accepting any offer! Many insurance companies will attempt to offer only a fraction of the compensation deserved – Call McMenamin & Wing Today and Let Us Fight For YOU!

Contact Us Today To Get Started On Your Claim: