Get the workers’ comp benefits you may be entitled to!
If you or someone you know has been injured on the job, and you’re wondering how to file a workers comp claim, The Law Offices of Thomas More Holland are here to answer your questions. If you’re not familiar with the laws of workers rights and protections it can be a bit intimidating, and the experienced attorneys at TMH Law are here to guide you through the process to help you get the compensation you deserve.
Who is eligible for workers compensation under the Pennsylvania Workers’ Compensation Act?
An employee is entitled to workers compensation if injuries were sustained while on the job, while travelling for business, at a business function, or while attending to a work-related errand. Compensation is designated for lost wages and medical expenses as along as the injury is work-related. Common injuries include:
- Repetitive injuries such as carpal tunnel syndrome
- Fractures, strains, and muscle tears in the neck, back, arms, legs, feet, shoulders, hands, or knees
- Nerve damage
- Loss of hearing resulting from constant exposure to loud noises at work
- Asthma, asbestosis, mesothelioma and other occupational diseases and conditions resulting from exposure to chemicals in the workplace
- Loss of use of a body part or amputation
- Psychological stress (under certain circumstances)
- Brain Injuries
How to File a Workers Comp Claim When You Sustain an Injury on the Job
The Workers’ Compensation Act specifies that you must notify your employer within 21 days of the date you sustain the injury in order to be eligible for a workers comp claim. It’s important to tell your employer of the injury immediately. If you don’t report your injury within 120 days, all workers comp benefits will be denied. When you reporting your injury to your employer, describe how the injury occurred, where it occurred, and the date of your injury.
Next, seek medical attention promptly. If your employer doesn’t provide you with a list of doctors, provide you with a list of employees rights in writing, and doesn’t obtain a signed acknowledgement of these rights, you may see any doctor of your choosing. If, however, your employer properly executes these steps, you must be seen by one of their providers within a 90 day timeframe.
The value of seeking legal counsel, is that an attorney will explain the complicated laws of workers comp insurance, and keep you informed of what comes next. If at any time you need to know how to file a workers comp claim, contact the Law Office of Thomas More Holland. At TMH Law, you’ll find decades of experience with workers compensation law, and attorneys that will fight to get you the compensation you deserve!
A Note About Lump Sum Settlements: Tom Holland has experience evaluating lump sum offers. Early lump sum settlement offers may be encouraging, but Tom Holland will be able to help not leave anything on the table. If the disability continues to be treated without a definitive diagnosis and/or prognosis, prompt settlement may not be prudent. When and if to settle is your decision to make, but BEWARE. What’s the hurry?
Please be cautious of an early settlement offer from a claims adjustor who suggests you do not need a lawyer. Our law office specializes in representing injured employees, and we know worker’s compensation law inside and out. You are allowed to represent yourself in worker’s compensation proceedings, but remember that the litigation is complex and your employer will be represented by an experienced attorney. Don’t walk into court, unprepared and outnumbered.