When an individual is entitled to a public or private disability benefit, it is likely that the process to receive the benefit is fraught with filing forms and providing other documentation along with an extended waiting period. Additionally, other issues may arise that delay the process further, sometimes without any plausible underlying reason or purpose.
Like Social Security disability, workers’ compensation cases are replete with issues and resolution of those issues may postpone benefits. The assistance of an experienced workers’ compensation attorney may not only resolve such issues but may identify them sufficiently in advance to ensure that a claim is approved and benefits are received as soon as possible.
The following are some issues that typically arise in a workers’ compensation case:
Eligibility for benefits
If a claim for workers’ compensation is denied by an employer, the next step is to file a petition and request a hearing.
Notice requirements and filing deadlines
Both employers and employees have certain obligations when a work-related injury occurs. Any failure to observe deadlines and meet notice requirements may result in a claim being forever barred by the statute of limitations.
If a work-related injury aggravates a past injury or pre-existing health condition, a worker may still be eligible for benefits.
Suing an uninsured employer
A worker may not sue an employer for damages resulting from a work-related injury unless an employer does not carry workers’ compensation insurance.
Reopening a prior workers’ compensation case
If a worker is re-injured or symptoms worsen upon a return to work, a workers’ compensation case may be re-opened.
Death and specific loss benefits
A surviving spouse and children are entitled to death benefits if a person is killed as a result of a work-related accident, injury or illness. Also, specific loss benefits may be awarded for the loss of a body part.
Other issues which may arise in workers’ compensation claims include matters related to independent contractors and workplace violence. At Powell Law, we effectively assist clients throughout the entire workers’ compensation claims process recover all due compensation. For 110 years, Powell Law has represented Pennsylvania workers in workers’ compensation cases in the Scranton/Wilkes-Barre area. Consult an experienced Pennsylvania workers’ compensation attorney. Contact us at (570) 961-0777. The consultation is FREE!