Am I Required To Hire An Attorney?

by admin on June 8, 2012

 
Although there is no Pennsylvania law that requires an injured worker to hire an attorney to represent them in a Pennsylvania workers’ compensation claim, the insurance company will in all likelihood have an attorney representing them. In turn, a worker who does not have legal representation may not receive the total amount of compensation that they are entitled to.

In cases where a claim involves either a denial by an insurer or serious injury, it is highly advised to seek experienced legal representation. Just because an insurer denies a claim doesn’t automatically make it invalid. The insurance company is simply acting in its own best interest, and it is their interest to pay out as little compensation as possible.

The rules of evidence apply for workers’ compensation claim cases, and most require evidence presentation as well as the live deposition testimony of doctors. Although workers are legally entitled to represent themselves, the associated legal proceedings and processes involve intricate complexities that the worker will most likely not understand. In this phase of a case, it is highly advised that a worker seek legal representation from an experienced Pennsylvania workers’ compensation lawyer.

If you are unsure about the rights that you have in regards to your workers’ compensation, or if an insurer has denied your claim, call Calhoon & Associates at 717-695-4722 or 877-291-9675 for a free initial consultation.

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If you have suffered a work-related injury or have become ill because of exposure to hazardous material on the job, you may be potentially entitled to medical and compensation benefits under the Workers’ Compensation Act. The vast majority of Pennsylvania workers are covered by the Act. Those who are not covered (such as Federal or Rail Road workers), are most likely entitled to benefits under another type of plan.

It’s important to be informed of the reporting requirements. In order to be eligible for Pennsylvania workers’ compensation benefits, an employee needs notify their employer know of their illness and/or injury within a specific amount of time. A worker who has suffered an injury on the job has 120 days from the date of sustaining the injury to inform their employer. A failure to provide your employer with notice of injury can result in a loss of benefits.

Workers commonly encounter many difficulties when trying to receive benefits for their injury, even when it is obvious that the injury is legitimate. Because employers most typically use private insurance companies, work-related injury claims are often times denied.

If you have been injured in the workplace and your claim has been denied by your employer or their insurance company, it is essential that you speak with a Pennsylvania workers compensation lawyer about the specifics of your case.

To schedule an initial consultation with an experienced attorney, call Calhoon & Associates at 717-695-4722 or 877-291-9675.

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Is A Workers Compensation Claim Considered To Be A Type Of Lawsuit In Pennsylvania?

May 31, 2012

Filing a workers’ compensation benefits claim in Pennsylvania is not equal to filing a lawsuit. Workers’ compensation provides an injured worker who suffered from a work-related injury or illness the right of collecting benefits no matter who was at fault. Workers’ compensation is a no-fault benefits system (doesn’t matter if the employer or employee is [...]

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Does My Boss Have A Say In If My injury Is Work-Related?

May 30, 2012

In short, no. When an employee (who is covered under the PA workers’ compensation act) sustains a work-related illness or injury, that employee is potentially entitled to receive Pennsylvania workers’ compensation benefits. Employer’s are legally obligated to report any workplace injuries or illnesses to the Bureau of Workers’ Compensation if the injured worker misses a [...]

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How Much Would I Get For Workers Comp For Losing A Foot While Working?

May 29, 2012

When a worker in Pennsylvania looses a foot while on the job, he or she is entitled to a 250 week benefit period and a 25 week healing period. The injured worker is also entitled to wage loss benefits if the injury causes a disability. The wage loss benefits can be significant. If you need [...]

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Can I Be Fired By My Employer In Retaliation For Reporting A Workplace Injury Or Accident?

May 24, 2012

In general, yes. But at the end of the day, you have the law on your side. Here’s what I mean. Because Pennsylvania is considered to be an “at-will” employment state, employers can generally fire an employee for any reason at all or no reason whatsoever. There are certain limitations to this at-will status, such [...]

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Can My Employer or Their Insurance Company Stop Issuing Me Weekly Benefits If I Am Receiving Worker’s Compensation?

May 23, 2012

An employer (or their insurance company), under the Pennsylvania Workers’ Compensation Act, is not permitted to stop or alter the amount of your particular benefits unless you have specifically signed an agreement that gives them the power to do so. They can also alter or stop issuing payments if a Judge’s order allows them to, [...]

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When Are Workers Compensation Benefits Taxed?

May 22, 2012

The I.R.S. has the right to collect tax on past due workers’ compensation, and this includes cases based in Pennsylvania. Social Security Benefits that haven’t even been received can also be taxed if you have settled your workers’ compensation benefits, or are receiving social security disability benefits and weekly worker’s compensation. The T.C. Summary Opinion [...]

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Can I Select My Own Doctor If I Sustain A Work-Related Injury?

May 21, 2012

Under the Pennsylvania Workers’ Compensation Act, if an employer does not have an established list of medical providers, then an employee has the right to select a doctor of their choice. If an employer accepts a claim from an employee, and has an established list of at least six medical providers, Pennsylvania Worker’s Compensation regulations [...]

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How Much Will I Receive From Workers Compensation If I Lose The Use Of My Arm?

May 17, 2012

Under the Pennsylvania Workers Compensation Act, if you lose the use of your arm you are entitled to 410 weeks of benefits and 20 more weeks for the healing period. You do not need to lose total use of you arm to qualify for those benefits. Contact Calhoon & Associates at 1-877-291-9675 if you have [...]

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