Should I Hire A Workers’ Comp Injury Attorney?

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Updated on 06/17/2024

Yes. An experienced workers’ compensation injury attorney who understands Pennsylvania Department of Labor and Industry (DLI) regulations and commonwealth laws can guide you through the process and answer your questions at every step. 

When you’re injured at work, you must consider more than just your physical recovery. You may also have to file a workers’ compensation claim — a process that can be confusing if you don’t have help. Pennsylvania’s Workers’ Compensation Act provides medical care and compensation for lost wages as you recover from an on-the-job injury or work-related illness. 

How Can a Workers’ Compensation Injury Lawyer Help You?

A workers’ compensation lawyer who specializes in the Pennsylvania Workers’ Compensation Act is intimately understands the laws and regulations surrounding work-related injuries. To carry this designation in the state, an attorney must receive a Workers’ Compensation Law Certification from the Pennsylvania Bar Association. 

When deciding whether or not to seek representation for your claim, be sure to choose a certified workers’ comp injury lawyer. These qualified individuals can understand the minute details of your case and offer advice and tangible steps on how to proceed. An experienced attorney will help you:

File paperwork.

Ensure all deadlines are met.

Navigate the complexities of Pennsylvania workers’ comp guidelines.

Ensure everything is done correctly.

Guide you through your next steps if your claim is denied or you need to negotiate a settlement. 

To receive a Pennsylvania certification in workers’ comp, attorneys like the certified workers’ comp experts at Frommer D’Amico must:

Practice law in Pennsylvania for a minimum of five years.

Dedicate at least half of their practice to workers’ compensation cases.

Pass a specialized exam to prove their advanced knowledge in this specialty. 

When Should You Find a Workers’ Compensation Injury Attorney?

The best time to hire a workers’ comp injury lawyer is right after your injury occurs. Yet, many injured or ill workers in Pennsylvania do not hire an attorney until the situation escalates.

Workers’ comp is in place to help injured workers. It provides wage compensation, medical coverage and other necessary benefits for those recovering from a workplace injury. Some injured employees assume they don’t need a workers’ compensation attorney. 

All employers must carry workers’ compensation insurance in Pennsylvania. That means an employer or insurance company funds the monetary benefits provided to injured workers. They may not feel they have to pay the total amount of compensation possible in every case.

There is also the question of what caused a workplace injury. There could be accusations that you injured yourself outside of the workplace or that the injury was preexisting rather than a workplace incident. In these and other situations, a workers’ comp injury lawyer can protect your rights and work to ensure you get compensated appropriately.

Should I Hire a Workers’ Compensation Attorney: Infographic

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Why Should You Hire a Workers’ Comp Injury Lawyer?

Some workers’ compensation cases are relatively simple, but not every workplace accident is a best-case scenario.

If your workers’ comp claim is more complicated, you may need a professional advocate to ensure you receive the compensation you deserve. You’ll want to consider hiring a workers’ compensation attorney if any medical, legal or financial obstacles apply to you.

Medical Barriers to Workers’ Comp

If you struggle with medical concerns before, during or after you file a claim, an attorney can ensure that your health care concerns do not impede your rights to benefits. It’s best to work with an experienced workers’ comp lawyer if:

1. You Had a Medical Condition Before the Incident

A preexisting condition should not disqualify you from workers’ comp benefits. Sadly, some insurance companies or employers use underlying health issues as an excuse to deny your compensation benefits. They may attempt to claim that your health concerns are what caused your current ailment — that your injury was not a workplace accident. 

2. Your Employer Denies the Injury Happened in the Workplace

Some employers refuse to accept that an injury happened at work or resulted from your work duties. Your workers’ comp attorney will investigate and demonstrate a connection between the injury you received and the work you were doing. Establishing that clear link can help get you the benefits you are entitled to.

3. Your Injury Is More Serious and Requires a More Lengthy Recovery

If your injury is long-term or even permanent, medical costs will undoubtedly be considerable. The insurance company or your employer may try to reduce your benefits so they’re not responsible for the most substantial costs. 

If you cannot work due to serious injury, you shouldn’t have to worry about your livelihood. A workers’ comp lawyer can help secure your long-term financial security.

4. There Is a Disagreement About Your Ability to Work

Modified work duties are light work assignments that may be offered to you as you recover from an injury. Sometimes, employers or their insurance companies claim you can return to work with specific limitations in place.

If you disagree, speak with a workers’ compensation attorney. They can review your situation, speak with medical professionals and show evidence of the seriousness of your injury or condition.

5. Your Employer or Their Insurance Requests an Independent Medical Evaluation (IME)

Even after being approved for workers’ comp benefits, your employer or their insurance company may try to show that your injury is not as severe or no longer exists. They may request an independent medical evaluation. An IME is an assessment performed by a medical professional who has not been involved in your treatment. 

Requesting an IME is often a sign that there may be an attempt to terminate, reduce or eliminate your benefits. If you’ve been asked to submit to an IME or another type of evaluation, you may need an attorney to ensure your benefits are not prematurely reduced or cut off.

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6. You Feel a Doctor Has Cleared You for Work Too Quickly 

Sometimes, if you see an employer-approved physician, they will clear you for work quickly — even if you don’t agree that you can return to work. They also may not refer you to a specialist, even if you request it. If you are released to go back to work and decide not to return, you could lose your claim to workers’ compensation.

Your return to work and workers’ compensation claim should support your healing while also complying with relevant laws. An experienced attorney can help you get a second opinion or reach a more suitable agreement. 

7. You’re Not Sure Which Doctor You Need to See

After an injury occurs, Pennsylvania regulations dictate that you have to see an employer-approved physician or one approved by the insurance company. This is only the case if your employer provides at least six approved medical providers and meets other requirements. You may be confused as to whether or not you have more options in terms of choosing a doctor. 

If you are required to see an approved medical provider, workers’ compensation may not cover the costs if you see your own doctor. On the other hand, if your employer does not meet the requirements, you may have the option of seeing your own medical provider, which may be more beneficial. A workers’ compensation attorney can ensure you understand which doctor you need to see and when.

8. You Develop Symptoms Gradually Over Time

Workplace injuries don’t always create symptoms right away. If you suffer a herniated disc or a soft tissue injury, you may develop symptoms over days or weeks. Even if you suffer a serious head injury, you may not experience symptoms immediately. Some signs manifest days after an accident.

Post-injury symptoms can complicate your claim. It may be difficult to prove that a specific injury is related to work. This also means that an initial medical consultation could mistakenly determine that you were not severely injured. A workers’ compensation lawyer understands that symptoms may appear down the road after you’ve been cleared for work. They can help you get a thorough medical evaluation to ensure your complete physical situation is clear when it’s time to evaluate your settlement offer.

9. You Need Medical Treatment Much Later After Your Injury

Some injuries will result in a lifetime of care. If you have suffered an injury at work that requires amputation, you may need to replace your prosthetic regularly for the rest of your life. You need to ensure your settlement covers these additional costs. An attorney can review your case and your injuries to help you understand how much money you need to cover all of your current and future medical costs.

10. Your Injury Is Hard to Quantify Medically

Some injuries are very clear. If you have suffered a crushing injury or a serious laceration, or you require surgery, it may be easy to prove you have been severely injured. Other injuries are harder to prove. 

If you have suffered severe mental trauma as a result of your injury, it may prevent you from working. It can be difficult to quantify the effects of that trauma using medical tests. Soft tissue injuries can be difficult to prove as well because they do not always show up on X-rays. A workers’ compensation attorney can ensure you are evaluated by qualified specialists who can submit compelling medical evidence about your injury.

Legal Barriers to Workers’ Comp

A workers’ compensation injury attorney in Pennsylvania requires a thorough understanding of the laws and regulations surrounding this system. A lawyer will help you understand and navigate the legal aspects of workers’ compensation if there is an impediment to your claim. Hire a workers’ compensation attorney to overcome legal barriers if:

1. Your Benefits Are Denied or Delayed

When employees file a workers’ comp claim only to be denied, most give up and do not move forward with their claim. With an attorney by your side, denial is not the end. You can appeal or turn to other legal action. Lawyers specializing in workers’ compensation can guide you through the process and secure any documentation required to approve your claim.

2. You Do Not Understand the Workers’ Compensation Process

Workers’ compensation can be an intimidating process if you’re unfamiliar with it. You may have questions about ways to fill out forms, your rights, what you can and can’t say, your settlement and more. Even in ideal cases, a qualified attorney can help you with all of these concerns.

3. You Don’t Understand What Could Hurt Your Claim

Many small things can hurt your claim. If you post innocuous pictures on social media, they can be used against you. If you show yourself at a special event on your social media, insurance companies can use this to claim you are not as injured as you reported. A workers’ compensation attorney can advise you of the seemingly minor incidents that could hurt your claim and can coach you on how to strengthen your claim. In many cases, these are issues injured workers don’t even think about.

4. You Have a Claim Against a Third Party

While Pennsylvania’s Workers’ Compensation Act is designed to protect employers from civil claims, it does not shield outside parties from negligent or dangerous practices. Some cases warrant civil action. For example, if your injuries were due to defective machinery, you may file a lawsuit against the manufacturer. 

Civil claims can lead to larger settlements because you can pursue economic and noneconomic damages due to the pain and suffering inflicted. Speak with a workers’ comp attorney to see if your case warrants a third-party claim.

5. You Face Retaliation in the Workplace Because You Have Been Injured

If you file a workers’ compensation claim and your employer seems to be retaliating against you, you should speak to a workers’ compensation attorney immediately. This retaliation could take many forms, including reducing your hours, demoting you, harassing you, terminating your employment or engaging in other retaliatory behavior.

In Pennsylvania, employees have the right to collect workers’ compensation benefits. When an employer retaliates against a worker for exercising their rights and filing a workers’ compensation claim, that employer violates public policy. Hiring an attorney can help you right the wrongs invoked through employer retaliation after a workplace injury.

6. Your Employer Claims That Workers’ Compensation Does Not Cover You

A small number of workers do not qualify for workers’ compensation. Under Pennsylvania law, employees in the following fields may not be covered by the Pennsylvania Workers’ Compensation Act:

Federal workers

Longshoremen

Railroad workers

Casual employees

Domestic workers

Agricultural laborers

Employees with personal religious exemption

Volunteer workers

Pennsylvania law provides more specifications that may cover some employees in the above fields with other compensation laws. If your employer claims you work as an independent contractor and otherwise do not qualify for workers’ compensation — even though you perform the job duties of a full-time employee — contact an attorney. An attorney can look at your employment agreement and field of work to determine whether you qualify for benefits.

7. Your Employer Has Not Paid for Workers’ Compensation Insurance

By law, Pennsylvania employers are required to pay for workers’ compensation coverage for all qualified workers. Even small businesses and non-profit organizations must have workers’ compensation insurance. Some employers go through an insurance company or use self-insurance to fulfill this regulation.

If your employer has allowed the insurance to lapse or has never secured insurance for you as required by law, you may still qualify for benefits under the Uninsured Employer Guaranty Fund. Consult with an attorney to find out what options exist for you.

8. You’re Being Accused of Fraud

Workers’ compensation fraud occurs when an employee intentionally receives wages while also receiving total or partial disability benefits that exceed the permitted amount for their situation. While workers’ compensation fraud is a real concern, you shouldn’t be denied benefits if you are legitimately injured. If your employer or their insurance company alleges you aren’t really injured or you are trying to defraud the system, it’s important to consult with an attorney.

9. Your Employer Disputes a Decision Made By the State Workers’ Compensation Division 

If your employer and insurer are trying to avoid honoring a decision made by the workers’ compensation division or by a judge, you may not receive your due benefits. Consider hiring a workers’ compensation attorney to represent you as you navigate the necessary legal measures to receive your workers’ compensation.

Financial Barriers to Workers’ Comp

Workers’ compensation is designed to help you and your family through a financially difficult experience. An attorney can help you navigate financial barriers if:

1. Your Benefits Do Not Cover All of Your Medical Bills and Lost Wages

Inaccurate calculations mean you are getting less than you deserve. This could lead to outstanding medical bills, high deductibles and out-of-pocket expenses. Lawyers specializing in workers’ compensation will ensure you get all qualified medical care. If you have any questions or concerns about your wage loss benefits or how they’re being calculated, you should contact an attorney.

2. You Are Eligible for Medicare or Will Become Eligible Within 30 Months

If you file a workers’ compensation claim and are Medicare-eligible, your settlement may be submitted to Medicare. In these cases, you may enter into a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA). A WCMSA designates part of a workers’ compensation settlement to cover future medical expenses for your workplace injury. Under a WCMSA, the allocated portion has to be used up before Medicare pays for your workplace injury treatments.

Medicare may deny some of your medical costs unless you proceed carefully. An attorney can work with you to ensure your medical costs are covered and that you benefit as much as possible from any agreements.

What Does a Pennsylvania Workers’ Compensation Attorney Do?

If you’re still questioning whether a workers’ compensation lawyer is completely necessary, remember that the Pennsylvania workers’ compensation process is highly complex. A qualified attorney can offer reassurance and can bring you peace of mind. With a good attorney by your side, you can focus on getting better and taking care of your injury. An attorney can guide you through the application, appeal and other processes you may need to secure compensation.

Hiring an attorney is entirely up to you. Yet, if you experience any of the situations described above, your claim may become difficult to navigate. A workers’ compensation attorney can:

Gather evidence that your injury or condition is caused by your work

Secure medical documentation to prove your injury

Help you understand what you need to do to file a claim

Ensure you fill out paperwork correctly and on time to qualify for benefits

Help you understand which doctors you need to visit and when

Answer any questions you have about the workers’ compensation process

Advocate for you if your claim is denied or delayed

Prepare you for any discussions with an insurer or any appearance before a judge

Help you understand how much your claim is worth and help you evaluate any settlement offers so you get the fairest compensation possible

Investigate any evidence presented by “independent” medical professionals approved by your employer or their insurance company

If you have already filed a workers’ compensation claim and something goes wrong or you have concerns, contact a workers’ compensation attorney immediately. If possible, it is best to consult with a workers’ compensation attorney immediately after you have been injured. If you have sustained a serious injury and don’t expect any problems, talking with an attorney to evaluate your case can still be beneficial. 

An initial consultation with a certified Pennsylvania workers’ compensation specialist at Frommer D’Amico is free and allows you to discuss your claim.

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Video: What Does a PA Workers’ Comp Attorney Do?

The Benefits of Hiring Pennsylvania Workers’ Compensation Injury Lawyers

While everyone in your life may have opinions about your injury and your claim, an attorney is a legal professional who has experience with these cases and understands what it takes to secure fair compensation.

Without an attorney, you are relying on your employer and its insurer to give you information, and they have their own interests in mind. You may also trust your own understanding of workers’ compensation when filing your claim, which may leave you vulnerable if you run into any challenges. With an attorney, you have a professional advocate who:

Represents you and your best interests

Ensures you avoid some of the most common pitfalls associated with a workers’ compensation claim

Improves your chances of securing fair compensation

Gets the best results possible in your case

Remember that your employer and its insurance company have attorneys on their side. In fact, insurance companies have teams of skilled attorneys to ensure they do not have to pay compensation claims unless absolutely necessary. If you’re an injured worker, you deserve the same legal representation and support. When you consult with a workers’ compensation attorney in Pennsylvania, you can level the playing field and ensure you get the legal advice you need when you need it.

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What Do Workers’ Comp Lawyers Charge in Pennsylvania? 

If you are considering working with a workers’ comp attorney, you’ll next want to consider the fees. The good news is that the cost of a workers’ compensation lawyer will be a percentage of what the attorney recovers for you, so you’ll never have to pay more than you receive or end up having to pay all your benefits for legal costs.

Frommer D’Amico will never charge anything for a consultation. We understand injured workers are worried about finances, and we don’t want you to let concerns about fees get in the way of acquiring quality legal advice. We offer a free initial case evaluation for anyone with a work injury, which will allow you to learn more about how much your case may be worth without having to pay anything.

Frommer D’Amico also does not charge for case management. You can always contact our team to ask questions and get the facts about Pennsylvania rules without having to pay additional workers’ comp attorney fees. This ensures you always have the information you need from a trusted source.

Free case management means Frommer D’Amico will:

Prepare you for IREs and IMEs.

Review injury descriptions, medical records, alternative benefits, injury reports and health insurance.

Re-check your wage calculations.

Examine your collective bargaining agreement and FMLA options.

All of these tasks and access to your attorney are included in the cost of your workers’ compensation lawyer and will not incur any additional fees.

Frommer D’Amico works on a contingency basis, meaning you will not pay if there is no recovery for you. There are only three ways you ever pay us a fee:

Your claim was denied, and we won benefits for you.

Your employer sues you to stop or lower your benefits, and we prevent that.

You want to settle your case, and we get you a lump sum settlement.

Hire a Pennsylvania Workers’ Compensation Attorney at Frommer D’Amico

If you are reading this, you may have questions about your claim, or you may have been injured and are wondering how to proceed. Speaking with a certified worker’s compensation expert at Frommer D’Amico can help you get personalized answers.

Many injured workers turn to Frommer D’Amico because our workers’ compensation experts and attorneys understand what it takes to win a fair settlement. In addition, our firm does not charge case management costs, and we are easy to reach — even on weekends and evenings.

Our commitment to stand by you is evident in our client approach and how we structure our fees to ensure you get legal support without having to pay case management fees or upfront costs. 

If you have questions about your Pennsylvania workers’ compensation case or need to speak to someone now to determine when to hire a workers’ compensation lawyer, contact us for your free consultation in Pennsylvania. You can also give us a call at 717-400-1405.