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Workers Compensation Lawyers in Allentown, PA

If you were injured and think you may have a personal injury case, call our Experienced Allentown, Pennsylvania Accident Lawyers for a Free Consultation.

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If you were injured at work in Allentown, PA, contact the experienced Allentown workers' compensation lawyers at KaplunMarx Accident & Injury Lawyers. Just give us a call 24/7 at (215) 550-1522 for a free case review. We will discuss your situation, go over your work injury, and determine if we can help you.

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Have You Sustained a Work Injury in Allentown?

Every employer in Pennsylvania with at least one employee is legally required to have workers' compensation insurance. In addition, workers' compensation insurance is still mandatory whether a company employs full-time or part-time employees. So, if you are injured on the job in Pennsylvania, this type of insurance could cover your medical bills and lost wages.

Contact KaplunMarx Accident & Injury Lawyers immediately if you have been injured at work or a loved one died in a workplace accident. Our workers' compensation lawyers in Allentown, PA, will work diligently to ensure you receive the maximum compensation for your injuries.

Am I Eligible for Workers' Compensation Benefits?

Pennsylvania's workers' compensation system covers many types of accidents and illnesses. In general terms you meet the requirements for workers compensation if:

  • You are an employee,
  • You sustained the injury while performing job duties, regardless of whether it happened on- or off-site,
  • Your employer had workers compensation insurance, or is supposed to have it, 
  • You report the incident and file a workers compensation claim within the required deadlines

Workers compensation in Allentown, Pennsylvania applies to the following people:

  1. Full time employees,
  2. Part-time employees,
  3. Seasonal workers,
  4. Temporary workers

Often time people think that because they are part-time, seasonal, and/or temporary workers that they are not eligible for workers compensation benefits – this is simply not true. The Pennsylvania law makers have deemed workers compensation benefits so essential that almost every worker is eligible for them. Only independent contractors are not eligible, however you should still speak to a workers compensation lawyer if your employer tells you that you are an independent contractor because that classification may not be accurate and you may be eligible for benefits.

Generally, workers' compensation will cover injuries that meet these criteria. It doesn't matter who was at fault or how long the employee had been working for the employer. So even if you are hurt on your first day on the job, these benefits may be available to you.

Working In Allentown, Pennsylvania

With a diversified economy based on service industries and manufacturing, Allentown is the largest city in Lehigh County, Pennsylvania. Google reports that the population in 2018 was 121,443. In recent years, health care, transportation, and warehousing have experienced substantial growth in Allentown, so a wide range of workers live in the city.

The city's largest industry is transportation, which employs around 66,700 people. Many of these employees work at the Amazon Fulfillment Center managed by ISS Allentown on Tilghman Street. A large number of people also work at the numerous trucking companies located near Route 78.

Allentown's second largest industry is manufacturing, with about 45,300 employees. The city is home to many well-known manufacturing companies, including Coca-Cola and Nestlé's Dog Food manufacturing plant.

Health Network, St. Luke's Hospital, and Lehigh Valley Hospital are among the top healthcare employers in Allentown. Hospital workers in the U.S. suffered 294,000 workplace injuries and illnesses, according to a 2014 study by the Bureau of Labor Statistics. In addition, according to the CDC, healthcare workers suffer from the highest rate of nonfatal occupational diseases and injuries.

Because of the large number of warehouse, transportation, and healthcare jobs, there is an increased chance for many workers' compensation cases in Allentown. Allentown workplace accidents result in may serious injuries every year, up to even workplace death. Of course, some industries, like construction and manufacturing, pose a greater danger than others. But unfortunately, almost any type of workplace has the potential for injury.

The sad truth is that employers and insurance carriers do not always treat injured employees fairly. That is why it is essential to speak to one of our skilled Allentown workers' compensation lawyers about protecting your rights if you have been injured at work.

Common Work Injuries in Allentown, PA

As a work injury law firm in Allentown, we have seen various types of injuries. Some of the most common work injuries include back injuries, shoulder injuries, and the following:

  1. Body part squeezed, pinched, crushed, or caught in, under, or between machinery
  2. Accidents involving falls from ladders, roofs, or other elevated surfaces
  3. Falling on a flat surface, such as slips, trips, and falls
  4. Getting struck by flying objects or being struck by something impacting a body part
  5. Various types of motor vehicle accidents
  6. Work-related musculoskeletal disorders of the lower extremities (knees, ankles, and feet)
  7. Musculoskeletal Injuries of Upper Body (Neck, back, and arms) from overexertion, repetitive motion, lifting, awkward posture, hand pinching, or gripping

Besides the physical process of getting better, the most challenging part of dealing with a work injury is not being able to fulfill work duties. There may be a limit to what you can do, or you may not be able to work at all anymore. Do you fear mistreatment by your employer? What rights do you have? The sooner you get this information, the better! Call us today at  (215) 550-1522 to schedule your free consultation with an Attorney at KaplunMarx.

How Can Workers Compensation Lawyers in Allentown, PA, Help?

Workers Compensation Insurance is a complicated and specific area of the law, and there are many difficulties to watch out for. It is almost impossible for someone inexperienced in this area of law to prepare for the coming legal battle. Therefore, it is in your best interest to get an Allentown Lawyer for worker's compensation to work with you on your case. We provide that help to our clients at KaplunMarx Accident & Injury Lawyers.

Our Process

  • We make sure a qualified doctor properly treats you.
  • We discuss your claim and prepare your case.
  • We help you obtain the maximum financial settlement for your injuries.
  • Our fees are only paid after you win and come out as a percentage of the suit winnings or settlement.

Preserving Your Rights

Workers' compensation laws can be complicated. However, knowing what to do when you are hurt at work will help protect your rights and maximize your benefits under Pennsylvania workers' compensation law. For example, if you wait too long to report your injury, you could lose your right to benefits.

It is essential to call KaplunMarx Accident & Injury Lawyers as soon as you can after the work accident. We can advise you of your rights and responsibilities so that you will not risk losing your claim to benefits.

We Recommend the Best Medical Care

Under the workers' compensation statute, in many cases, you may be required to be treated by physicians registered on your employer's panel of physicians. These specialists are hand-picked by your employer and their insurance company. While you have to go to one of the doctors on the panel, you have a right to choose any physician on that panel. 

Do I have to see a specific doctor when I get injured at work?

That depends on what your employer has done. You must see a doctor on the list if your employer does all these things:

  1. Your employer accepts your Workers' Compensation claim.
  2. The employer has posted at least six health care professionals on their physician panel for employees to see if injured at work.
  3. You were given written notice that you were required to see a healthcare provider on the posted list.
  4. At the time of hiring, you signed an acknowledgment of that list.
  5. You signed an acknowledgment of that list at the time of your injury.

However, your employer cannot force you to use a specific health provider on the list; you can choose from anyone listed on the panel of doctors.

If your employer has not done all the steps on the above list, you may be able to select your own doctor for your work injury.

You must receive treatment from one of the listed medical providers for 90 days. After 90 days, you can choose any health care professional for follow-up treatment.

Workers' compensation insurance should pay for your work-related medical treatment. But the insurance company could still refuse to pay for the doctor visits if they deem the treatment wasn't (1) reasonable, (2) necessary, or (3) work-related.

At KaplunMarx Accident & Injury Lawyers, we can help you choose the best doctor for your injury listed on the panel or request a change in doctors from the State Board of Workers Compensation if you are not receiving the proper care you deserve.

We Fight for Your Maximum Benefit

We have nearly a decade of experience helping our clients with workers' compensation claims. Our expertise brings insights into how to navigate the process, and we provide high-quality representation. In addition, we fight for maximum compensation where applicable.

Workers who are injured at work may be entitled to the following benefits under Pennsylvania Workers' Compensation laws:

  • Wage-Loss Benefits
  • Medical Benefits
  • Specific Loss Benefits
  • Death Benefits

Representing Surviving Benefits

Workplace accidents that result in death on the job is especially devastating. While grieving for your loved one, you are also faced with the stress of bills and missing wages. You shouldn't have to worry about an insurance claim at this time, but your employer's insurer will do all they can to lessen the value of your claim so that they won't have to pay as much.

If you find yourself in this situation, you don't have to go through it alone. Allentown Lawyers for Worker's Compensation, Ted Kaplun and Jonathan Marx, have successfully represented the dependents of those hurt and killed in work accidents. In addition, surviving family members (children, spouse, stepchildren) are often eligible for benefits. In some cases, we will investigate other avenues of compensation for you and your family so that you don't have to worry about your financial future.

Final Result

Ultimately, we can't eliminate the suffering and pain you will endure, although we wish we could. Still, we can fight to help you get the compensation you need to pay for living expenses, medical bills, and the pain you are dealing with. Workers' compensation is your right after an injury on the job, and we fight for your rights.

Our Allentown lawyer for workers' compensation has been handling complicated work injuries and personal injury cases for nearly a decade. We understand Pennsylvania law and know how to get you the compensation you deserve.

As someone working or living in Allentown, Pennsylvania, it is vital that you know and understand your rights to worker's compensation benefits. Seek the advice of an experienced workers' compensation attorney in Allentown, PA.

How do I file a workers' compensation claim in Allentown, Pennsylvania?

Pennsylvania has strict policies in place for filing a workers' compensation claim. Here's what you need to know after being hurt at work.

1. Report Your Injury to Your Employer

If you suffer a work-related illness or injury, you must notify your employer within 120 days. The sooner you report your injury, the better. If you report your injury immediately (within the first 21 days), you will be entitled to receive your benefits from the injury date. If you wait until after the first 21 days to make your report, you may only receive benefits from the date you reported your injury.

2. Get Medical Attention Right Away

Get medical attention as soon as possible for any illness or injury you may have. Be sure to mention that the injury is job-related when seeking medical attention so that the documentation process can begin.

Pennsylvania's workers' compensation claims process relies heavily on medical records, so it is vital to seek medical attention. Even if you're unsure if you've been injured, seeking medical treatment and at least having an evaluation will ensure you get the care you need. This can also help you avoid medical complications and pain by ensuring you receive the appropriate treatment as soon as possible.

3. Submit your claim to the Pennsylvania Department of Labor and Industry

Third, you must notify the Pennsylvania Department of Labor and Industry of the workers' compensation claim. For the process to begin, your employer must file a First Report of Injury with the state. Generally, you have three years from the date of your injury to file a claim petition if your employer is refusing to act or denying your claim.

4. Fill Out All the Required Workers' Compensation Claim Forms

As soon as you report your injury to a supervisor, your employer should complete a First Report of Injury form for the Pennsylvania Workers' Comp Bureau. The Pennsylvania Workers' Compensation Bureau may require additional documents from your employer or insurance company. Some of those forms may be:

  • LIBC-495: Notification of compensation payable.
  • LIBC-501: Notice of temporary compensation.
  • LIBC-502: Termination of temporary compensation.
  • LIBC-494C: Statement of wages for injuries occurring after June 24, 1996.
  • LIBC-336: Disabilities or permanent injuries compensation agreement.
  • LIBC-337: Supplemental agreement for compensation in case of disability or permanent injury.
  • LIBC-496: Denial notice.

Do You Need Help with the Workers' Compensation Claims Process in Pennsylvania?

If you need help with a workers' compensation claim, contact KaplunMarx Accident & Injury Lawyers in Allentown, PA. Injured workers must know the timeline of their workers' compensation case to ensure they receive their benefits.

A knowledgeable and experienced attorney can assist you if you feel your employer and its insurer mishandled your claim.

Workers' compensation and personal injury are our areas of expertise and what we solely focus on for our clients. Our Allentown attorneys are well versed in the compensation system and know the tricks insurance companies will use to deprive you of benefits. So let us fight for you and help protect your legal rights.

Workers' Compensation for Injured Truck Drivers

In the U.S., transportation incidents account for one in five fatal workplace injuries. Motor vehicle accidents can harm workers in many industries, including agriculture, construction, shipping, and truck drivers. If you are injured while driving a commercial vehicle in Pennsylvania or anywhere else, you have the right to seek medical treatment and financial assistance. The workers' compensation program covers all work-related injuries suffered by truck drivers, including truck accidents, lifting injuries, and warehouse accident cases.

Trucking is a major industry in Allentown, so our attorneys often see cases involving injured truck drivers. Providing injured truckers with legal representation is something we are passionate about. If a third party has caused an injury to a truck driver, we can also pursue a lawsuit for personal injury or product liability.

How Do the Circumstances of My Workplace Injury Affect My Compensation?

Several factors can affect a workers' compensation claim, and there is a lot of confusion surrounding how they work. Listed below are a few facts to keep in mind.

  • In Pennsylvania, it does not matter who is at fault for an accident causing injury. Workers' compensation claims are not based on fault.
  • If you intended to hurt yourself, you are not entitled to compensation. In other words, you cannot deliberately cause the accident.
  • A worker's compensation claim might be increased if the employer fails to follow safety protocols. However, workers' compensation can be reduced if the victim fails to follow proper safety rules or is otherwise unfit for work, such as being intoxicated.
  • It is not uncommon for work injuries to occur on the employer's property, but not all do. Employers are generally liable for injuries sustained on their premises. You may also be entitled to compensation if you are injured while working for your employer at another location. Traveling from or to work can, however, result in an injury that is not covered by workers' compensation. It is important to note that there are always exceptions to this rule, and every case is unique. You can find out whether workers' compensation should cover your injury by contacting an experienced attorney at KaplunMarx Accident & Injury Lawyers.

How Much Does Workers' Comp Pay in Allentown, PA?

There is no fixed amount for workers' compensation payments. Instead, they are calculated according to the worker's average weekly wage. The average weekly workers' comp payment generally amounts to around two-thirds of a worker's earnings before injury.

Sometimes exemptions are made in calculating a worker's average weekly benefit amount. For example, the maximum weekly workers' compensation rate for 2022 is $1,205.00. This means that those making more may not receive two-thirds of their salaries.  

Calculating Your Workers' Compensation Payments

By using your gross weekly paycheck, you can calculate what your average weekly benefit amount may be. Hourly workers, however, must calculate average income based on the length of their employment.

Additionally, Pennsylvania has special rules for people who make a certain amount on a weekly basis. The law divides workers into three categories based on how much they can get back in benefits. 2022 workers' compensation rates in PA are as follows:

  • A limit of 66 2/3 % of the employee's average weekly wage if their income falls between $1,807.50 and $903.76 per week.
  • A limit of $602.50 if the employee's average weekly wage is between $903.75 and $669.44.
  • A limit of 90% of the employee's average weekly wage if their average weekly salary is $669.43 or less.

There are changes to Pennsylvania workers' compensation maximums every year, and you can find those updated numbers here. These numbers correspond with the average weekly wage in Pennsylvania. For example, the workers' compensation rates were raised by 4.6% in 2021 due to an increase in the state's average weekly wages.

Are Workers' Compensation Benefits Worth Accepting? 

Even though workers' compensation insurance is an important protection after an accident on the job, it might not always be the best option. When a worker is injured, workers' compensation can help them get compensation to pay their medical bills, lost wages, and other expenses from the accident. However, it also protects employers from lawsuits. Workers who accept workers' compensation cannot file a personal injury claim against their employer should their injuries require more money. 

You might be able to file an injury claim if you were seriously injured in an accident that your employer should have prevented. By doing so, you might be able to receive the compensation that you need instead of being limited to the amount that workers' compensation insurance offers. After sustaining a work-related injury, you should seek legal advice from our work injury lawyers in Allentown, PA, to determine the best course of action for your case.

KaplunMarx Accident & Injury Lawyers in Allentown, PA, can assist Pennsylvania workers struggling to receive workers' compensation. We are certified in workers' compensation matters and are ready to help you. In addition, we have a team of work injury attorneys prepared to hold your employer accountable if workers' comp does not cover the losses associated with your injury.  

Get a free consultation with our Allentown workers' compensation attorneys today. Let us help you decide the best options for you by calling (215) 550-1522.

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