Philadelphia Workers Compensation Attorney
At the Law Offices of Thomas More Holland, our workman’s comp attorneys care about our clients. We understand that being hurt on the job is very stressful and can feel overwhelming. In addition to being injured, workers must to deal with their employers and the workers’ compensation insurance companies in order to receive all of the benefits they are entitled to, including wage losses and medical expenses.
That is why we guide our clients through every step of the process, telling them what to expect and what to do whenever they have a question or concern. When we deal with insurance companies and opposing, however, we are zealous advocates, seeking every possible source of compensation for our clients so that we know that they have been compensated for all of their injuries. That is also why if you, a family member or friend has been injured at work, you should contact the Law Offices of Thomas More Holland and hire an aggressive lawyer who understands the workers’ compensation laws and regulations, and will make sure you get all the benefits and the largest award or the lump sum settlement you deserve.
What Are Workers’ Compensation Benefits?
Under the Pennsylvania Workers’ Compensation Act, workers’ comp benefits pay wage losses and medical losses whenever an employee is injured on the job or suffers from a job-related occupational disease. As long as the injury is job-related, including broken bones, strains and sprains, herniated or bulging discs, and just about every other condition you can imagine, if it happened on the job, it is covered and the employee is entitled to workers’ compensation benefits.
An employee is entitled to workers’ compensation benefits even if the injury occurs while the worker is traveling on business, doing a work-related errand or attending a required business-related social function. Any physical injury or illness that occurs because of a person’s job is considered a workers’ compensation injury – no matter who was at fault.
Workers also receive compensation for repetitive trauma injuries, including carpal tunnel syndrome and other physical problems that develop over a long period of time, even if the injuries are the result of normal work activities. For example, workers’ compensation covers every type of physical injury, including:
- Neck, Back, Shoulder, Arm and Hand Injuries, Including Fractures, Strains and Sprains, Herniated and Bulging Discs
- Knee, Leg and Foot Injuries, Including Fractures, Strains and Muscle Tears
- Nerve Damage
- Brain Injuries (From Head Trauma and Other Causes)
- Repetitive Injuries Such as Carpal Tunnel Syndrome
- Hearing Loss as the Result of Exposure to Loud Noises at Work
- Amputation or Loss of Use of a Body Part
- Occupational Diseases, Including Asthma, Asbestosis, Mesothelioma and conditions
- resulting from exposure to chemicals and poisons
Workers’ compensation also covers injuries or diseases that were made worse as the result of a person’s job. Workers may also be entitled to compensation for some illnesses and diseases that are the gradual result of working conditions, such as lung disease, even if the injuries reveal themselves over a period of time.
This firm is considered Union friendly. Due to long standing political contacts and personal relationships, union members have been reluctant to deviant from the union designated lawyers.
We welcome those injured union members who have hired us. The union did not encourage these injured workers to patronize this firm. We welcome our collective bargaining agreement members, who seek a unique and individualized representation.
At the Law Offices of Thomas More Holland, we understand the Pennsylvania Workers’ Compensation Act and make sure you get all of the benefits and compensation you deserve.
When Should I Consult An Attorney?
You should see an attorney as soon as possible. All too often, employers and insurance companies fail to provide complete or accurate information to injured workers. At times, they may even provide incorrect information to “scare” injured workers. At the Law Offices of Thomas More Holland, we care about our clients and believe that one of the most important services we provide is explaining the law to our clients. That is why it is so important to have an attorney who works for you and explains your rights under the Workers’ Compensation Act.
You should also contact us even if your claim has been accepted and everything is “OK,” just to make sure you are getting paid the correct amount and are really being treated fairly. Remember, the workers’ compensation insurance company is not your advocate and will try to use its unequal bargaining position every chance it gets.
What Should I Do If I Get Injured on the Job?
You should do two things. First, report the injury to your supervisor immediately. In Pennsylvania, you must report an injury (except for cases involving progressive diseases) to your employer within 21 days; if you do not report your injury within 120 days, your employer may be able to deny you all workers’ comp benefits. Once an employer is notified that an employee has suffered a work injury, the employer is required to report the injury to its insurance company and the Bureau of Workers’ Compensation. After that, the workman’s comp insurance company has 21 days to agree to pay benefits to an injured worker.
Second, you should seek emergency medical attention. In other words, go to the doctor so that your doctor can examine you and tell you what medical care you need and if you can work. You may have to treat with a company doctor if your employer has advised you about this and you have signed a written acknowledgment that you know you have to treat with a company doctor. In that case, and if your employer has posted a list of six or more physicians or health care providers in your workplace, you are required to visit one of them for initial treatment and to continue treating with that provider or another one on the list for 90 days following the first visit. You may see any provider on the list; your employer may not require or direct you to any specific provider on the list.
If I Am Hurt at Work, Can I Also Sue My Employer in Court?
Generally, no. By receiving workers’ compensation benefits, you give up the right to sue your employer in court, no matter who was at fault.
But if your injury was caused by the negligence of someone other than your employer, such as a visitor or outside contractor, you may be able to file a personal injury lawsuit against that company for your pain and suffering. At the Law Offices of Thomas More Holland, we will analyze your claim to determine if you can file a personal injury lawsuit against any other parties and, if you can, we will handle that lawsuit for you. You do not need to work with two law firms. We will handle everything for you, and make that all of the issues in all of the cases are handled consistently.
What Workers’ Compensation Benefits Am I Entitled To?
You are entitled to receive reasonable and necessary medical treatment, wage loss benefits, and benefits for injuries that cause permanent disabilities, such as amputations, the loss of use of parts of your body, and disfigurement (scars). Generally, injured workers receive two-thirds of their average wages, up to a fixed ceiling, as long as they are out of work at least 7 days. In addition, if a worker dies as the result of a work injury, his family and dependents may be entitled to death benefits and burial expenses. We regularly represent the families of workers who have died as a result of work-related injuries.
What If I Am Denied Workman’s Comp Benefits?
If an employer, or the employer’s workers’ compensation insurance company denies your claim, you should contact our office immediately so that we can evaluate your case, explain your rights and file the documents needed to get your benefits. Generally, once a claim is denied, it is up to the injured worker to file a Claim Petition seeking workers’ compensation benefits. Because workers’ compensation claims are administrative hearings, it can take months (or longer) until a Workers’ Compensation Judge decides your case. The sooner you contact our office, the sooner we can help you.
Can I Receive a Lump Sum Settlement of My Workers’ Comp Claim?
There are many occasions when injured workers may be eligible for and best served by receiving a lump sum settlement of their claims. The amount of these lump-sum settlements, often called a C&R or Compromise & Release Agreement, varies greatly based upon the injured worker’s earnings and the extent of his or her injuries. Initially, we will work with our clients to determine if a lump sum settlement is in their best interests, and if so, we will negotiate for the largest lump sum settlement possible.
Do I Need A Lawyer?
Yes. Pennsylvania workers’ compensation cases are complicated, and you need an attorney who has handled these cases and understands the workers’ compensation law and the rules that apply to these cases. Attorney Thomas More Holland has represented injured workers for more than 20 years, and the attorneys and staff of the Law Offices of Thomas More Holland have the knowledge to handle your case.
Attorney Thomas More Holland cares about his clients. He and his staff give every client personal attention, investigate and analyze the facts of every case, and provide zealous legal representation. If you, a loved one or a friend has been injured, contact the Law Offices of Thomas More Holland for help. Our staff of attorneys and paralegal will help you understand your rights and do everything they can to get you the best possible results. If you believe you have a workers’ compensation claim, contact The Law Offices of Thomas More Holland by filling out a simple form, by sending an email or by calling (215) 592-8080.