Best Workers Compensation Attorneys in Erie

FAQs

• What is the non-emergency contact number for the local police station in Erie, Pennsylvania?

  The non-emergency phone number of the Erie Police Department is 814-870-1125.

• Where can I get a copy of police report for incidents related to my case in Erie, Pennsylvania?

  To obtain a copy of an Erie police report, download and complete the Right-to-Know request form at https://eriecountypa.gov/open-government/right-to-know-request/, then submit it via email to openrecords@state.pa.us. For further assistance, call the Pennsylvania Office of Open Records at 717-346-0225.

• For how long are you covered by workers’ compensation in Erie?

  Provided that your employer in Erie carries workers’ compensation insurance, you are covered by workers’ compensation for the entirety of your employment, meaning your coverage starts on your first day on the job. Furthermore, any injury or disease you have that is aggravated by your job is also covered under workers’ compensation, regardless of your previous physical condition.

• Can you receive workers’ compensation benefits from Pennsylvania if you work in a different state but live in Erie?

  It may be possible for you to receive workers’ compensation payments from Pennsylvania if you live in Erie but work in another state. Since the workers’ comp payments in Pennsylvania are higher than those of its neighboring states, do check if you can receive workers’ compensation benefits as an Erie resident. Because every claim is unique and needs to be examined separately, an experienced workers’ compensation attorney can help you with your case.

• Why is it important to let your employer in Erie know about your work-related injury?

  Your eligibility for workers’ compensation benefits largely depends on the time you reported your work injury to your employer in Erie. That said, you have a maximum of 120 days to submit a notice to your employer about your incident and injury. Moreover, if you notify your employer within 21 days, you will receive benefits from the date of your injury. If you submit your report after 21 days, you will receive benefits starting from the time you filed and not the day you were injured.

• Can you consult with your own doctor for a work injury or illness in Erie?

  You can, but for the first 90 days after you seek medical treatment, you must choose from your Erie employer’s list of doctors. After which, you are free to choose to see any doctor you prefer, regardless of who your employer has on their list of recommended medical providers. You may also be able to choose any doctor you wish if your employer does not give you a list of providers.

• Can you sue your employer for your workplace injuries in Erie?

  You cannot file a lawsuit against your employer in Erie for causing your work-related injuries. Pennsylvania’s workers’ compensation system works in such a way that it protects employers from getting sued by employees for work-related injuries or illnesses in exchange for providing for the cost of medical expenses and lost wages that the injured employee incurred.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.