Workers’ Compensation Philadelphia Attorney
If you have been injured at work, many questions arise, because Workers’ Compensation law can be very complicated. The first question is whether you suffered a work injury. Pennsylvania law requires that you must be injured in the course and scope of your employment and the injury must be related to your employment. Most of the time it is clear whether someone has suffered a work injury, but sometimes it is not. That is when it is important to discuss the situation with an attorney to figure out if you have a valid workers’ compensation claim.
Workers’ Compensation is different from Personal Injury law in that the award you receive as an injured worker is based more on your salary than on the severity of your injury. Generally, you would receive about 2/3 of your average weekly wage in the judge finds you have a compensable injury. The Workers’ Compensation award is tax free, so it ends up being close to your take home pay. All of your work related medical costs are also paid if it is found that you suffered a work related injury. What is similar to personal injury law is that you do not pay any money up front to a workers’ compensation attorney. You will only pay your attorney if you win your case. The attorney’s fee in a workers’ compensation case is 20% of your award.
You can also settle your case for a lump sum. This makes sense if you have nearly recovered from your injury, because your employer has the right to challenge your award and if your employer thinks you have recovered from your injury, he or she can file a petition to suspend or terminate your benefits. Every case is different, however, if you decide to settle your case for a lump sum it is usually worth between 2 and 5 years of your salary, depending on the severity of the injury.
Philadelphia Workers' Compensation Attorney Free Consultation
Proving a workers’ compensation case can be difficult. Medical evidence is always required. A doctor must provide evidence that you suffered a Work Injury and that injury has caused a disability that has resulted in a loss of wages. Your employer also has the right to have you examined by a doctor of their choosing to determine the nature and extent of your injury. That doctor will also have an opinion regarding you level of disability. It is possible to suffer a work injury where you would have your medical bills paid, but you would not receive compensation. Your employer can offer you a different job you are capable of performing at the same rate of pay, in which case you would not be eligible for workers' compensation.
Attorney in Philadelphia for Workers' Compensation
The purpose of the Workers’ Compensation Law is to make you whole. If you cannot work because of an injury that occurred at work, you are entitled to be compensated for your medical expenses related to the injury and lost wages. The attorneys at Greg Prosmushkin, P.C. can tell you if you have a valid case. If you do, we can make sure you receive what you are entitled to under the law.
This content was written on behalf of Greg Prosmushkin.