Serving Scranton and Lackawanna County
Serving Scranton and Lackawanna County
A work injury can affect a person’s health, income, and ability to support their family.
Pennsylvania workers’ compensation benefits are intended to provide medical care and wage-loss benefits without requiring an injured worker to prove that an employer was at fault. In practice, claims may be denied, wage calculations may be inaccurate, and insurers may question whether a worker can return to the job.
At Munley Law, our workers’ compensation lawyers help injured workers in Scranton and throughout Lackawanna County understand their rights, meet important deadlines, and pursue the benefits available under Pennsylvania law.
Consultations are free with no obligations
If your deadline is close, call the office rather than sending a form.
Workers’ compensation can provide medical benefits and wage-loss benefits when an employee suffers a work-related injury or occupational illness. The work injury does not have to result from one obvious accident; workers’ compensation may also apply to conditions that develop over time or injuries that are aggravated by the duties an employee performs.
A workers’ compensation claim generally proceeds against an employer’s workers’ compensation insurer rather than directly against the employer. Fault usually does not determine whether an injury is covered, but the injury must arise in the course of employment and must be supported by medical evidence.
Workers’ compensation benefits may include:
Workers’ compensation does not generally provide damages for pain and suffering. That is one of the main differences between a workers’ compensation claim and a personal injury claim.
If a dispute cannot be resolved, the matter may proceed before a Workers’ Compensation Judge. Workers’ compensation cases involving workers in Scranton and Lackawanna County can be handled through the Pennsylvania workers’ compensation adjudication system, including proceedings in Scranton.
The Pennsylvania Department of Labor and Industry provides a general guide for injured workers, but every claim depends on its facts, medical evidence, and procedural history.
Injury at work. A workplace injury may result from a single event, such as a fall, lifting accident, or equipment injury. It may also develop gradually through repetitive work or an occupational illness. A work injury can also include the aggravation of a pre-existing condition. The important question is whether employment caused, contributed to, or worsened the condition.
Notice to the employer. An injured worker should tell their employer or supervisor as soon as possible. Notice should explain that the injury is work-related and identify when, where, and how it happened. Injured workers should report the injury in writing and keep a copy. Notice given within 21 days generally protects the worker’s right to receive benefits from the date of injury. However, the notice should be given within 120 days, or the claim may be barred.
Disability, on medical evidence. When an injury prevents someone from working or limits the work they can perform, medical documentation can help establish the connection between the injury, the restrictions, and the resulting loss of earnings. Our attorneys recommend keeping copies of medical records, work restrictions, correspondence, wage information, and other documents connected to the claim. A complete record can become especially important if the insurer disputes the claim.
Workers’ compensation may provide wage-loss benefits based on the worker’s pre-injury earnings, subject to the requirements and limits established by Pennsylvania law. The amount can depend on the worker’s average weekly wage and the nature and extent of the disability.
Medical benefits may cover reasonable and necessary treatment related to an accepted work injury. If an employer has properly established a panel of designated health care providers, an injured worker may be required to treat with a provider from that panel for the first 90 days, subject to Pennsylvania’s requirements and exceptions. After that period, the worker may generally choose another provider. Certain injuries may also qualify for specific loss benefits, including permanent loss or loss of use of certain body parts or qualifying disfigurement. Returning to work does not necessarily eliminate the possibility of a specific loss claim.An injured worker should not wait to report an injury or ask questions about a claim. Pennsylvania generally requires notice within 120 days, although reporting within 21 days is ideal because late notice can delay the workers’ compensation claim process and the start of benefits.
If an insurer denies a claim, the worker generally has three years from the date of injury to file a claim petition. A worker may also have three years from the last indemnity payment to challenge the termination of benefits in certain circumstances. Deadlines can involve exceptions and depend on the type of injury, the benefits paid, and the documents received. An injured worker should obtain legal advice promptly if the insurer denies the claim or stops payments. Our Scranton workers’ compensation lawyers can review the dates and circumstances of a claim and explain which deadlines may apply. .An insurer may ask an injured worker to attend an independent medical examination. The worker generally must attend a reasonable examination, and refusing to do so may place benefits at risk. The examination is not a consultation, and information provided may be reported to the insurer.
If your question is not answered here, contact us for a free consultation.
Workers’ compensation attorney fees in Pennsylvania are subject to approval under the workers’ compensation system. We explain the fee arrangement before beginning work so the injured worker understands how fees will be handled and what, if anything, they may owe.
The workers’ compensation insurer generally pays for reasonable and necessary treatment related to an accepted work injury. If the claim is denied, a worker may need to use health insurance while the dispute is pending. Treatment and payment issues can become part of the workers’ compensation proceedings.
An injured worker may be required to attend a reasonable medical examination requested under Pennsylvania workers’ compensation law. Failing to attend can affect benefits.
We recommend treating the examination seriously and understanding its purpose beforehand. The examination is part of the workers’ compensation process, not the same as seeing a doctor for independent medical treatment.
Workers’ compensation generally limits an employee’s ability to sue the employer for a work injury. However, a separate claim may be available when someone outside the employment relationship caused the injury.
For example, a worker injured in a vehicle crash while performing job duties may have a claim involving another driver. A third-party claim can raise additional issues, including the workers’ compensation insurer’s potential right to recover benefits it has paid.
There is no single timeline for every workers’ compensation claim. An accepted claim may proceed without a formal hearing, while a denied or disputed claim can require petitions, medical evidence, testimony, and proceedings before a Workers’ Compensation Judge.
Your Scranton workers’ compensation lawyer will explain the process as the case develops and help injured workers understand what needs to happen next. If a dispute reaches a hearing, preparation and documentation can make a significant difference.
Not every workers’ compensation claim requires the injured worker to testify. If the claim is litigated, however, testimony may be necessary to explain what happened, the symptoms that followed, the worker’s job duties, medical treatment, and the effect of the injury on the ability to work.
Bringing evidence to your initial consultation can help an attorney prepare your claim faster.
A single attorney handles your case from start to finish, giving you one consistent point of contact. A brief conversation can usually determine whether you have a viable claim and what steps to take next.
Please note that sending a message to our office does not create a lawyer-client relationship.
