Philadelphia Workers Compensation Lawyer
You give your employer so much—effort, time, energy, and passion. In return, you expect fair compensation for your work and a safe environment. Should you ever suffer an injury in the jurisdiction of your job duties, you expect that your employer will do the right thing by you. Pennsylvania law expects that too, and so do we. The Philadelphia law firm of Greg Prosmushkin, P.C. is dedicated to representing people who have suffered work-related injuries while on the job. We have a highly experienced staff to assist you in getting the medical attention you need, and the compensation you are entitled to under the law.
If you have been injured at work, many questions have to be considered, because Workers’ Compensation law can be very complicated. The first question which arises 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 has to be related to your employment. Most of the time, it is clear whether someone has suffered a work injury, but not always. In less obvious cases, it is vital to discuss the situation with an attorney to determine 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 winds up being close to your take-home pay. All of your work-related medical costs will also be 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 lawyer if you win your case. The attorney’s fee in a workers’ compensation case is 20% of your award.
You may 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. Each case is different. However, if you decide to settle your case for a lump sum it is, typically worth between 2 and 5 years of your salary, depending on the severity of the injury.
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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 which resulted in a loss of wages. Your employer also has the right to have you examined by a doctor of their choosing in order to determine the nature and extent of your injury. That doctor will also have an opinion regarding your level of disability. It is possible to suffer a work injury in which you would have your medical bills paid, but for which you would not receive compensation. Your employer can offer you a different job which you are capable of performing at the same rate of pay, in which case you would not be eligible 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 your lost wages. The lawyers at Greg Prosmushkin, P.C. can tell you if you have a valid case. If you do, we can make sure you receive that to which you are entitled under the law.