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Frequently Asked Questions
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Personal Injury
What is a Personal Injury?
A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto accidents
- Wrongful Death
- Work-related injuries caused by a 3rd party
- Dog Bites
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What financial Compensation can I get in a personal injury claim?
Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following:
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Disfigurement,
- Permanent Scars,
- Emotional Trauma,
- Mental Anguish,
- Loss of Enjoyment,
- Loss of Love & Affection,
- Embarrassment,
- Mental Disability,
- Property Damage,
- All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).
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How do I know if I have a Personal Injury Claim?
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury that you are
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How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible.
In a serious injury case, you are better off hiring an attorney as soon as possible. We offer a free consultation with no obligation. Therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer.
There is a time limit (known as the statute of limitations) that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
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What time limit applies to Personal Injury Claims?
In Pennsylvania, the time limit (often referred to as the Statute of Limitation) for filing a lawsuit arising from a personal injury is generally two (2) years. However, special rules apply when a claim for personal injury is being asserted against governmental units, such as the state, its departments or local governments such as a county, township or borough. For this and other important reasons, early consultation with an experienced attorney is recommended.
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Will I be charged a fee for discussing my Personal Injury Claim with an attorney?
No. We charge fees on personal injury cases only if we generate funds in resolving the claim on your behalf.
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What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury cases. It is conditioned upon your attorney's successful resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear "there is no fee unless there is a recovery". The client is generally responsible for the out-of-pocket costs of litigation only if there is a financial recovery.
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How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity. Some run to a number of years.
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Workers Compensation
What is Pennsylvania Workers' Compensation?
Workers' Compensation is insurance that by law your employer is required to carry in case an employee is injured on the job, becomes ill due to circumstances as a result of his or her job or even if death results from his or her job. Benefits include medical expenses, lost wages, and/or death benefits.
Workers' comp exists both as a way to benefit injured workers and as a way to protect employers. Before workers' comp laws existed, serious injury to an employee could bankrupt an employer due to the employee being able to sue his or her employer. Workers' compensation is a no fault insurance system. Negligence on the part of workers or employers is not an issue in paying benefits.
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What injuries are covered by the Act?
Any worker who has sustained an injury arising out of and in the course of his or her employment has a potential Workers' Compensation claim. As long as your injury is job related, it's covered. You are covered if you are injured while traveling on business, doing a work related errand, or even attending a required business related social function. Any injury or illness that occurs due to employment is considered a workers' compensation injury. Under workers' compensation law, you will receive compensation if you are injured, no matter who was at fault. Some types of workers' compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, hypertension, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc. You may be entitled to benefits even if you are still working.
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What should I do if I get injured on the job?
Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to his or her employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). To be eligible for benefits, in Pennsylvania, you must report the injury within 21 days. However, if notice of the injury is given within 120 days, but more than 21 days, benefits do not begin until the date of notice. Once you give notice to your employer, if you have received medical benefits, the statutory time limit to file a claim is usually three years from the date of the last medical bill payment to receive benefits. If you have not received any medical benefits, the statutory time limit to file a claim with the Pennsylvania Bureau of Workers' Compensation is usually three years from the date of your injury or illness. Your employer is then required to make a report of the injury and notify its insurance company and the Pennsylvania Bureau of Workers' Compensation.
If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition as soon as you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' comp claim.
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What workers' compensation benefits am I entitled to?
You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars) from the neck up. You may also qualify to participate in certain physical rehabilitation programs. If the injury causes the death of an injured worker, partial burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.
If you become temporarily unable to work, you'll generally receive two thirds of your average wage up to a fixed ceiling. But because these payments are tax free, if you received decent wages prior to your injury, you'll fare reasonably well in Pennsylvania. You will be eligible for these wage loss replacement benefits as soon as you've lost seven (7) days of work because of an injury or illness that is covered by workers' compensation.
If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive a lump sum benefit. The amount of the payment you may be entitled to receive varies greatly with the nature and extent of your injuries and your earnings.
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Do I need an attorney?
You have the right to be represented by an attorney for your work related injury. Your attorney will assist you in seeing that your benefits are properly protected. While individuals can sometimes represent themselves in these matters, it is advised that you contact a Workers' Compensation Attorney as soon as possible after an accident or diagnosis of a disease or condition in order to protect your legal rights. Workers' Compensation laws are constantly changing and an attorney will be in a better position to advise you in order to protect your rights. The Workers' Compensation Insurance carrier will always have an attorney representing them. Attorney's fees for representing an injured employee are paid out of any award or settlement. These are usually a percentage of the monetary recovery awarded to the injured employee, usually 20%.
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Who is responsible for providing the benefits under the Workers' Compensation Act?
By law, the employer is responsible for providing benefits directly by being self insured if approved by the Commonwealth. Otherwise the employer provides the benefit indirectly through a Workers' Compensation insurance company.
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Does an injury have to have a specific date of onset in order to be covered?
Your injury does not need to be caused by a specific accident such as a fall. Many workers receive compensation for repetitive trauma injuries such as back problems that are caused by overuse or misuse over a long period of time in the performance of their normal work activity. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions such as lung disease. Due to the fact that symptoms with these types of injuries reveal themselves over a period of time, the worker might not associate the eventual diagnosis of the injury as being work related.
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What workers are covered by the Act?
Pennsylvania requires an employer to carry Workers' Compensation insurance even if it has only one employee. Most employees are also covered if they are injured while working in another state for an employer whose principle place of business is in Pennsylvania. An out of state employee injured while working in Pennsylvania is also covered. Without Workers' Compensation coverage, an employer may be sued by an injured worker for medical and disability costs, plus damages.
Federal government employees are excluded from state workers' compensation coverage. Employees of the federal government receive workers' compensation benefits under a separate federal law.
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Can I lose my job because of a workers' compensation injury?
Laws prohibit your employer from discharging or discriminating against you because of your work injury. If it is proven that an employer fires or forces an injured worker to resign in retaliation for filing a Workers' Compensation claim, the worker could file a separate civil lawsuit against his employer seeking damages in court.
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If I receive workers' compensation, can I also sue my employer in court?
No. In exchange for giving up the right to sue an employer in court, you get Workers' Compensation benefits no matter who was at fault. You may be able to sue in court if your injury was caused by someone other than your employer such as a visitor or outside contractor or any non employee or if it was caused by a defective product.
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What medical benefits does the Act provide to a worker after they have sustained an on the job injury?
An injured worker is entitled to receive 100% of all necessary and reasonable medical expenses incurred as a result of a job related accident. These include first aid, emergency room services, inpatient and/or outpatient hospital care, doctor's fees, prescriptions and other related expenses.
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Should an injured worker apply for unemployment benefits?
In applying for unemployment benefits during the period a worker is off work due to an on the job injury, the worker must state in writing that they are willing and able to work, even if it's only light duty.
Recent court decisions have recognized the financial difficulties facing an injured worker who is not receiving Temporary Disability benefits under the Act, and have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from claiming they are entitled to Temporary Disability benefits. It is advisable that an injured worker discusses the circumstances of their accident with a Workers' Compensation attorney before applying for unemployment benefits.
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If I am injured on the job can I choose the doctor who treats me?
The employer or its Workers' Compensation Insurance Carrier must pay for all medical bills as a result of the work injury for treatment which is reasonable and necessary. However, if an employer has established a list of at least six designated healthcare providers then the employee must treat with one of them or one of the other designated physicians for a period of 90 days from the date of the first visit in order to have the medical bills paid.
The employer must provide a clearly written notification of the employee's rights and duties concerning the above.
An employee's understanding of this shall be evidenced only by the employee's written acknowledgment of having been informed and having understood all of the above provisions.
Therefore, within the first 90 days of your visit to a physician following a work injury, if there is no "panel" list of six physicians posted and you have not been notified of same and you have not signed-off in writing that you have been notified of same sometime prior to the work injury, then you may treat with a physician of your own choice. As long as the treatment is related to the work injury and reasonable and necessary those bills must be paid by the employer's Workers' Compensation Insurance Carrier.
On the contrary if such a list is prominently posted and the employee has signed-off on being aware of same, then only treatment with one or more of the six listed panel providers will be paid by the Workers' Compensation Insurance Carrier. After the 90 day period an injured worker may treat with whomever he/she may wish.
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If I am unable to return to the type of work I did before I was injured, what happens?
In your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. In Pennsylvania these will equal 2/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.
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My employer has denied my claim, what do I do?
If you, your employer, or your employer's workers' compensation insurance company, have a dispute or disagreement about your claim, you should try to resolve the dispute among yourselves, if possible. Many times, disputes can be cleared up quickly and easily by communication. If an injured worker, under active medical treatment and off work under their doctor's instructions, is not receiving their benefits, they have the right to a hearing before a workers' compensation judge. At this hearing, the worker would have the opportunity to present medical evidence and witnesses in support of their claim for Workers' Compensation benefits. Workers' Compensation hearings can be complex. The insurance company will always have an experienced attorney to defend the claim and it is advisable that the injured worker also retain a Workers' Compensation attorney.
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When is a Workers' Compensation claim considered settled and permanently closed?
A Workers' Compensation claim is considered settled only after settlement contracts are prepared and signed by the appropriate parties and approved by a Pennsylvania Workers' Compensation Judge.
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