Workers Compensation FAQ
Workers’ compensation can be a very difficult claim to make for many Pennsylvania employees. Your employer will obviously want to refute your claim, even though you desperately need to work. It’s important to know your rights as an employee in the Keystone State. Check out these frequently asked questions about workers’ compensation.
Do I Have a Claim?
Knowing if you have a claim is as easy as giving us a call or submitting your claim. Click here for some additional information and we will get back to you shortly with a free consultation on the merits of your case.
Do I Need an Attorney?
If you are not receiving the cooperation that you think you deserve from your employer or their insurance company, then you most likely will need an attorney. For example, say your employer has denied that the accident that caused your injuries occurred at work. They may even make it seem like you had the injury before getting to work, or simply deny that you are injured at all. If this seems familiar to you, you may need an attorney.
Other reasons it is wise to get a workers’ compensation attorney include:
- Your employer cuts your hours
- Your employer refused to put you on light duty
- Your employer asked you not to come in without pay due to your injury
What Can an Attorney Help Me Achieve?
One of the more important functions of a workers’ compensation attorney is to help you evaluate your case right from the beginning. The attorney will review the facts of your case, apply the law, and give you an idea of the strength of your case and your chances of success, based on his or her experience. While you may feel you have been injured and want to sue as a matter of principle, it does not mean that you have a valid legal claim. The lawyer’s job is to help you determine if the matter is worth your time, the legal costs, and the court fees.
How Does Workers’ Compensation Work?
When it comes to filing a workers’ compensation claim, it is imperative that both the employee and employer work in a timely fashion to submit the claim. When the workplace injury occurs, the employer must provide the appropriate paperwork to the employee and file with their insurance provider. In addition, both parties must comply with state laws.
The employee must notify the employer of the details of the injury such as when and where it occurred and how it happened as soon as the incident occurs. From there, the employer can file a claim that will be either approved or denied.
Why Was My Workers’ Compensation Denied?
There are a variety of reasons why your workers’ compensation claim was denied by the insurance company. The most common reasons are:
- The injury didn’t happen at work
- You missed critical filing deadlines
- You were injured while under the influence of drugs and/or alcohol
- You did not receive treatment by an approved medical provider
- You did not seek medical treatment
- Your injury was the result of a preexisting condition
- You were in the wrong when the injury occurred (ie. you were not working appropriately)
- Your employer disputes your claim
How Long Does Workers’ Compensation Benefits Last?
The length of time your workers’ compensation will last depends on a variety of factors. The most prominent is the injury classification.
- Temporary Total Disability: Workers’ compensation benefits can be collected up to 90 days.
- Permanent Total Disability: Your employer’s insurance may require an independent medical examination to evaluate your condition after 104 weeks off. If you are less than 35% impaired, your status will change to partial disability.
- Permanent Partial Disability: You can collect benefits for a maximum of 500 weeks; however after that time, an independent medical examination will see if you have the right to petition for total disability status.
- Specific loss benefits: If you have an injury that results in serious disfiguration, like loss of a limb, you may get a one time workers’ compensation payout.
- Death benefits for survivors: Should you pass as a result of your injuries, your surviving dependents and spouse may receive a lump sum to help with burial expenses and weekly wage losses.
How Much Will I Receive on Workers’ Comp?
The amount of money you may receive at a maximum weekly on workers’ compensation changes yearly. In 2020, the weekly maximum rate is $1,081.
I Need Help on My Workers’ Compensation Claim. Who Can I Call?
If you are struggling with a workers’ compensation claim or are wondering if you need to pursue legal action against your employer or insurance carrier, Fellerman & Ciarimboli has the experience you need to protect your rights.
Contact the Pennsylvania workers’ compensation attorneys today.
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$5 Million Trucking Accident
A settlement was obtained for three victims of a tractor-trailer crash.
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$4 Million Trucking Accident
Our client was hit by an overweight and out-of-control tractor-trailer which was driving illegally on PA 115. This verdict was the #1 trucking collision verdict in the Commonwealth of Pennsylvania in 2011.
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$3 Million Medical Malpractice
Settlement for a confidential medical malpractice case.
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$2 Million Medical Malpractice
A settlement was obtained in a case where the doctor negligently managed anesthesia.
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$1.8 Million Car Accident
A settlement was obtained for a firefighter who was injured in an automobile crash.
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$1.5 Million Medical Malpractice
A verdict was obtained on behalf of a medical malpractice victim involving a doctor failing to provide informed consent for a tonsillectomy. Was named one of the top 30 verdicts in Pennsylvania in 2015.
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We could have never made it without Molly Clark and Fellerman & Ciarimboli!! It's scary going after someone for wrongdoing and she took us through every step. She answered all our questions, good or bad. She was available 24-7 and weekends fighting for us. She fought for our needs and got us what was deserved!! They are the best choice!!- Star K.
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- Frank K.
I have a friend who sought help from Fellerman & Ciarimboli and said they were very nice and helpful. So when I needed assistance, they were the first ones I thought of, and gave them a call. I was connected to Attorney Molly Clark, who made a significant impact. Her comforting personality created a welcoming environment during our interactions, turning what could have been a somber experience into one filled with positivity. Our upbeat conversations, in contrast to the challenging situation, improved my well-being.
What truly won me over was Molly's commitment to keeping me informed about the progress of my situation. Whenever I called her with questions, she promptly provided answers, ensuring I had the information I needed when I needed it. Working with Fellerman & Ciarimboli was a positive experience given the circumstances I was facing. I highly recommend Attorney Molly and the firm to anyone seeking reliable and compassionate assistance during challenging times.
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Molly thank you for everything you’ve done for Terry and me. You went above and beyond. You are like family to us and will always love you!- Arlene P.
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I can't express how GREAT my first experience with an attorney has been! I'm not kidding when I say that both you and the entire firm are I think the best around. Once get things settled around here, I would like to make an appointment to come up to talk about some other issues, but I have been doing nothing, but singing the praises of you The entire organization to everyone that I speak with.- R.R.
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- Client
There are no adequate words to convey to you, Mike, and Ed how grateful our family is for all of your hard work in helping us through the most difficult time of our lives. Your commitment to justice is unlike anything we have ever witnessed. Our tragedy became your tragedy. The three of you have become part of our family.
Harry, you explained everything necessary in terms which were comprehensible and helpful to us to better understand all that was presented. We are so grateful for that.
The compassion shown to us by not only the three of you, but everyone to whom we encountered at Fellerman & Ciarimboli was off the charts and so sincere.
We will grieve our profound loss for the rest of our lives, but all of you helped to make it a bit easier, and we thank you from the bottom of our hearts.
God's Blessings to you and your family.
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Molly, Thank you so much! I can't tell you how much you mean to me, throughout this process, you have always been there and helped me through. I am glad it all came to a good ending and that it is over. But, I will miss you and you will always be referred to anyone that ever asks me for an amazing lawyer! Keep fighting for the people who need you! You are amazing at what you do, you're professional and genuine! I wish you all the best in your career and am happy that I chose you to take my case. Your team is amazing, too!- Nicole W.
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“Happy that the night that ruined a lot in my life was finally over. If you want a great firm, get things done right and efficiently, and have a team supporting you along your journey, I suggest F&C to be your choice!”- Nicole W.
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I was in a bad accident and I had my daughter in the car with me. I highly recommend this firm. My attorney Myer Messinger was very compassionate and offered empathy with helping me and my daughter with the mental agony we experienced after the accident. Mr Messinger is very professional and knowledgeable. We sat for hours for the mediation and he fought to get me the best settlement- Enide Jerome
