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An experienced Workers’ Compensation Lawyer in Pennsylvania can make sure your injury receives the necessary medical coverage and replacement wages. Did you report your injury to your employer? Don’t delay, call Pribanic & Pribanic to be certain of what’s to come: 800-392-4529. When you’re injured on the job the clock is ticking — you have 120 days to report the claim and from there your employer will involve an insurance company.
In Pennsylvania, the Workers’ Compensation Act created a system to provide benefits to workers injured on the job or even those who have occupational diseases. The system provides benefits regardless of who is to blame and regardless of the prior physical condition of the employee. The scope of Workers’ Compensation lawsuits can include: Denied claims, Settlements, and Death claims.
Workers’ compensation has its own court system with its own set of rules and regulations. Pribanic & Pribanic Workers’ Compensation attorneys have the experience to navigate that system. But that is not always the end of the story. In the right situations, a claim can also be made against other corporations or individuals that caused the harm. Jeffrey Pribanic and his team can help you with all aspects of your workers’ compensation claim and necessary appeals.
What are your legal rights during the COVID-19 pandemic?
Wow, where to start! 1st class attorney. Jeffrey was my first and only choice as my lawyer for my workman’s compensation case and settlement. He got my workman’s comp checks started immediately then started on my settlement. Jeffery is very professional and he was always there for me when I had any concerns.
My injury is going to be with me for life. The insurance co. sent me to at least 10 Dr.’s to disprove my case to no avail. We settled and Jeffrey got me a very large settlement. Hire Jeffrey! ~ Client Review
Mr. Jeffrey Pribanic’s door was always open and always responded to my calls and questions immediately. He worked with the workmen’s compensation company to represent our best interest. We would recommend his services to anyone without hesitation.
DENIED CLAIMS: SECURING WORKMAN’S COMPENSATION
Has Your Workers’ Compensation Claim Been Denied?
If you have been injured on the job and your workers’ compensation claim has been denied, do not despair. This is a common practice among employers and their workers’ comp insurance providers. Even when overwhelming evidence exists that their employee was injured on the job, employers will often claim no injury occurred.
Some of the most common reasons employers deny claims include claiming that:
Your injury is the result of a pre-existing condition.
Your injury did not occur while you were working.
You do not have sufficient medical documentation.
Your injury is not severe enough to warrant compensation.
Your injury would allow you to do other work.
We approach denied claims with an aggressive, thorough approach. Our workers’ compensation lawyers consult with physicians and other medical professionals who help us assess the full extent of our clients’ injuries. We will investigate all aspects of your accident to determine the facts about how you got injured and how your injury impacts your ability to work.
Pittsburgh Workers’ Compensation: A Denied Claim
An on-the-job injury is disorienting. It changes a weekly routine and recovery from the injury may take weeks or months. Many injured workers may struggle to work with their employer’s workers’ compensation insurer during the recovery process.
Workers’ comp claim denial may create more pressure to get back on the job even before an injury has properly healed. The fear of a claim denial was one of the top reasons that injured workers consulted workers’ compensation attorneys according to a recent study conducted by the Workers Compensation Research Institute.
As a part of the study, WCRI reviewed almost 7000 claims records in 11 states and conducted numerous phone interviews on claims that were two to three years post injury.
Results of the study showed that factors such as the severity of the injury and workplace trust issues were common reasons to consult and hire an attorney. Employees benefited from representation if they felt threatened in their employment relationship. For example, fear that they might lose their position prompted some to consult a workers’ compensation attorney.
Hiring A Claim Denial Attorney
Fear of claim denial was a key factor in motivating employees to consult and hire an attorney. When a claim manager was discouraging or there was a delay in payments, consulting an attorney was generally beneficial.
Attorney representation was also frequently sought when employees did not believe that their employers were taking their injuries seriously. Employees often fear being fired due to their injury since they cannot perform up to their full potential. Debilitating lower back injuries may be costly and were another specific injury that prompted many injured employees to seek the counsel of an experienced advocate.
A workplace injury can have lifetime consequences. In an ideal world, employers would pay all costs for workplace injuries; unfortunately, this is not always the case.
If you have suffered a workplace injury, contact a workers’ compensation attorney. The attorney will ensure rights are protected and assist with obtaining any applicable compensation.
“ON THE JOB” INJURIES FOR WORKERS’ COMP NOT SO STRAIGHTFORWARD
Workers’ compensation laws today provide employees benefits in the event they suffer from a “work-related” injury and can’t work. This requirement is pretty straightforward to most people. When employees are working and get injured they receive workers’ compensation benefits — end of story, right? Not quite. The meaning behind working “on the job” becomes a bit more complex when, for instance, employees are injured while on their lunch breaks, or while they are driving to and from work. Are these employees “working” for purposes of workers’ comp benefits?
Defining “work related” injuries for workers’ compensation purposes
Essentially, a “work-related” injury is an injury that happens when employees are performing an activity in the scope of their employment or performing an activity on behalf of or in the interest of their employers.
For instance, an individual who develops carpal tunnel syndrome due to long hours typing at a keyboard at work has a “work-related” injury. In another example, a worker who sprains his or her ankle climbing off of a ladder at work has an “on the job”‘ work injury.
Both of these examples are pretty straightforward, but there are other situations that are not.
Injured while driving to work
A common example involves employees who are injured while driving company owned trucks or vehicles. As long as employees are performing job activities on behalf of their employers, it doesn’t matter if they are on company premises. The law says that employees don’t have to be injured at the main location of their employer to qualify for workers’ comp benefits.
So what about employees who are traveling to and from work? Some argue that driving to and from work is an activity that does in fact further the interests of an employer, so it should be covered under workers’ compensation if an injury occurs.
Unfortunately, courts have ruled otherwise. Driving to and from work isn’t classified as “work-related” and doesn’t further a company interest so if employees are injured during this time, they are not under the blanket of the workers’ compensation system.
In Pennsylvania, if a worker is killed on the job, surviving family members are eligible to receive workers’ compensation death benefits. Employers and their insurance providers, however, do not always pay death benefits freely. If you have lost a loved one to a fatal workplace accident, you may have to fight for your compensation. This is where an experienced workers’ compensation attorney can help. At Pribanic & Pribanic, our attorneys have extensive experience handling workers’ comp death claims for clients from the Pittsburgh area, throughout western Pennsylvania and nationwide. We are committed to helping you and your family obtain fair and just compensation.
Workers’ Compensation Death Claims: Family members eligible to receive death benefits after the loss of a loved one are spouses, minor children, and dependent children or parents. In order to be eligible, the fatal work injury must have occurred due to an injury sustained on the job or due to a related occupational illness. If you are eligible to obtain death benefits, your compensation will include:
The amount of benefits depends upon a number of factors, including the average weekly income of the deceased worker. Our lawyers can help you with all aspects of your workers’ compensation death claim, including settlement negotiation, any necessary hearings and appeals, and ensuring your benefits are accurately calculated.
We understand the financial and emotional turmoil you face and are committed to helping you obtain the financial compensation you need to make it through this difficult time.
Top 7 Workers’ Compensation FAQs
With Pittsburgh Attorney Jeffrey Pribanic
Q: “What is the most common workers’ compensation issue you deal with?”
Jeffrey: “Most of my clients have been hurt at work, they’ve filed a claim with the insurance carrier for the employer, and they’re denied. There are a lot of wrongful denials from insurance companies, which is why you need a good lawyer who handles workers’ compensation cases routinely. I’ve been handling worker’s compensation cases for 26 years.”