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.

 
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.

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 to blame) that requires no lawsuit to be filed to receive their entitled compensation.

In the majority of circumstances, workers’ compensation is an exclusively used solution for work-related illnesses and injuries. This essentially means that, except for certain situations, a worker cannot sue their employer. They can however sue a third party if that third party bears some amount of responsibility for their sustained injuries or illness.

If you have been the victim of a workplace injury, you can contact a Calhoon & Associates, Pennsylvania workers’ compensation law firm, at 717-695-4722 or 877-291-WORK (9675) for a free consultation.

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 shift or receives time off due to the work-related injury or illness.

Although employers are not legally allowed to determine whether an illness or injury is work-related, they can deny the claim. In this particular situation, the injured worker must file a claim petition to have a hearing to dispute the denial. In most cases, employers will retain the services of a Pennsylvania workers’ compensation lawyer.

The legal proceedings that take place are somewhat complex, and hiring your own experienced workers’ compensation attorney is highly advised. The ultimate decision maker in regards to whether or not a worker’s injury is work-related or not is the Workers’ Compensation Judge who makes the final decision after being presented and reviewing all of the evidence, in accordance with the required legal procedures, due processes, rules of evidence, and testimony subject to cross-examination.

If you need help with a workers compensation issue, call Calhoon & Associates at 1-877-291-9675 for a free consultation and find out what you are entitled too.

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 assistance with a workers compensation matter in Pennsylvania, contact Calhoon & Associates at 1-877-291-9675 or contact us here

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 as union contract provisions that require a specific basis for termination, and an employer cannot fire you for any illegal grounds (age, race, gender, etc).

Your job may also be under the protection of the Family Medical Leave Act, if you qualify for it. In 1998, there was a case in the Pennsylvania Supreme Court that determined that an employer who terminates an employee for filing a workers’ compensation claim can be legally sued for wrongful termination.

An employee who can establish that they were wrongfully terminated is still legally entitled to workers’ compensation wage loss benefits. In certain circumstances where an employee has returned to work with limitations or is currently off work due to a work-related injury, employers might potentially look for reasons to fire that employee in retaliation for filing for workers’ compensation.

But here’s my point….if you are seriously hurt at work, and it could potentially limit you from working in the future, whether at your current employer or any other, you have rights and should take advantage of our workers comp laws. It’s the only way to protect you….and your family.

If you would like to speak to workers compensation attorney for free, call Calhoon & Associates at 1-877-291-9675.

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, if you failed to complete requested documents in a timely manner, failed to comply with an order that required you to attend an examination or expert interview without a legitimate excuse, or have been incarcerated after a criminal conviction.

Final Receipts, Supplemental Agreements, and Stipulation Agreements are all types of particular agreements that allow an employer to stop or alter your benefits. If you, as an employee, sign one of these agreements with your employer, than your benefits will either be altered in some way or completely stopped.

A judge’s order can also permit your employer to stop or change your benefits as well. This type of order can only be issued if an employer has filed or requested for supersedes, or alternatively litigated a petition. Your benefits can also be terminated if you fail to complete and return the required forms that verify your income, physical condition, and employment.

If an employer ceases or alters the benefits if one of its employees unilaterally, or for any reason that was not mentioned above, a Judge can impose penalties of up to 50% against them for illegally suspending benefits compensation.

If you need are currently on workers compensation and are having issues receiving your benefits, contact Calhoon & Associates at 1-877-291-9675.

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 of the United States Tax Court in the case of Flores V. Commissioner No. 2005-57, the Special Trial Judge held section 86(d)(3) of the Tax Code states that an injured worker is required to pay income tax on the amount of a workers’ compensation benefits offset from social security disability benefits.

The SSA-1099 that is provided by the Social Security Administration always has both the benefits received as well as the amount of a worker’s compensation offset for that particular year. In turn, the actual amount of Social Security Disability benefits that is withheld due to the receiving of workers’ compensation benefits is taxed as if the amount that was withheld was actually paid to you. That being said, it is possible that you might not have to pay any taxes.

The only way that Social Security Benefits are subject to Federal Income Tax is if an employee’s adjusted gross income, in addition to nontaxable interest and 50% of their benefits, exceeds a base amount of $25,000 (for an individual). The number is $32,000 if an employee is married and files jointly, and $0 if an employee is married but files separately, unless the married couple has lived apart for one calendar year.

If you need help with a Pennsylvania workers comp matter, contact Calhoon & Associates at 1-877-291-9675

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 require the employee to receive their initial treatment from a doctor on that list if they want workers’ compensation to cover the medical treatment expenses.

It is a requirement to receive treatment from an employer-posted medical care provider, or a combination of different ones from the same list, for at least 90 days starting from the initial visit date.

If the employer-sponsored doctor advises any kind of invasive surgery or treatment, the employee is permitted to seek a second opinion from another doctor of their choice, at the expense of the insurer or employer.

After 90 days has lapsed, the employee can select a new doctor that does not have to be on the employer’s list.

If you need help with a workers compensation matter in Pennsylvania, call Calhoon & Associates at 1-877-291-9675. The call is free.

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 a workers comp matter you need assistance with.