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Adams County Workers’ Compensation Lawyers
Filing a Workers’ Compensation Claim in Adams County, Pennsylvania
Workers’ compensation is a no-fault system that provides benefits to covered employees who are injured on the job. Pennsylvania law requires that most employers carry workers’ compensation insurance, which can pay for your medical expenses and lost wages after an accident or occupational illness.
If you suffered a work-related injury, you are likely entitled to workers’ compensation benefits—but getting the money you deserve isn’t always easy. At Handler, Henning & Rosenberg LLC, we know the ins and outs of the workers’ compensation system, and we’re ready to help you fight for the benefits you are owed. Our Adams County workers’ compensation attorneys have been serving the injured since 1922, and we know what it takes to win.
Don’t wait to get the help you need. Call us at (888) 498-3023 or contact us online today for a free, confidential consultation.
Who Is Eligible for Workers’ Comp in Adams County, PA?
Before filing a claim, it’s important to determine whether you are eligible for workers’ compensation.
In Adams County, Pennsylvania, you are eligible for workers’ compensation if:
- You are a full-time, part-time, or seasonal employee
- Your employer is required to carry workers’ comp coverage
- You suffered a work-related injury or occupational illness
To be covered, there must be a relationship between your injury and your work. In other words, your injury (or illness) must have occurred at work or while you were carrying out duties or activities covered under the scope of your employment.
What Types of Injuries Are Covered by Workers’ Compensation?
In Adams County, PA, workers’ compensation covers nearly all work-related injuries and occupational diseases. This includes:
- Traumatic injuries arising from workplace accidents, such as falls or explosions
- Repetitive stress injuries, such as carpal tunnel syndrome or chronic back pain
- Work-related illnesses arising from hazardous exposure and other causes
Examples of work-related injuries that are typically covered by workers’ compensation include:
- Amputations
- Brain injuries
- Burn injuries
- Carpal tunnel syndrome
- Crush injuries
- Face and eye injuries
- Hearing damage/loss
- Mesothelioma and asbestosis
- Overexertion
- Paralysis
- Respiratory illnesses
- Spinal cord injuries
- Sprains and strains
- Toxic exposure
Whether you were injured in a single, catastrophic event, or your injury developed over months or years, our workers’ compensation lawyers in Adams County can help you determine if you are eligible for benefits and guide you through the claim filing process.
How to File for Workers’ Compensation in Adams County
After a work-related injury, you must report the accident to your employer. In Pennsylvania, you only have 120 days to report a work injury, so it’s important to act quickly. If you wait too long, you may lose your right to workers’ compensation benefits.
When you report your injury, be sure to include the following information:
- The date, time, and location of the accident
- How the accident happened
- The names of any witnesses
- The names of any supervisors or managers who were present
It’s also a good idea to keep a copy of your written accident report for your records. This can help you avoid any disputes about when and how you reported your injury.
Once your employer is aware of your injury, they must notify their insurance company. You should then receive a Notice of Compensation Payable within three weeks of your employer’s notice. This document will explain whether your claim has been accepted or denied.
If your claim has been accepted, the Notice of Compensation Payable will include the following information:
- The amount of your weekly benefits
- The date your benefits will begin
- The specific body parts that were injured
- The weekly benefits you will receive for each body part
You will also receive a copy of the medical description your doctor gave to the insurance company. If you disagree with the information in this document, it’s important to let your employer and their insurance company know as soon as possible.
If your claim has been denied, you will receive a Notice of Compensation Denial. This document will explain why your claim was denied and how you can appeal the decision.
What to Do If Your Workers’ Compensation Claim Is Denied in Adams County, PA
If your workers’ compensation claim has been denied, there are several steps you can take. It’s important that you know you have the right to appeal this decision. It’s best to work with a knowledgeable workers’ compensation lawyer in Adams County who can help you navigate this complex process.
Here’s what to do if your workers’ compensation claim is denied:
- File an appeal with the Pennsylvania Workers’ Compensation Appeal Board (WCAB) within 20 days of receiving notice that your claim was denied
- Await the WCAB’s review and written decision regarding your case; in some cases, you may be required to attend a hearing, but this is uncommon
- Contact the Pennsylvania Commonwealth Court within 30 days of receiving the WCAB’s decision if you wish to appeal further
Appealing a denied workers’ compensation claim in Adams County, PA, can be challenging. You should contact a knowledgeable attorney, like ours at Handler, Henning & Rosenberg LLC, who can help explain your legal rights and options. Our team is prepared to guide you through this process and help you seek the fair benefits you are owed.
How Long Do You Have to File a Workers’ Compensation Claim in Adams County?
In Pennsylvania, you have three years from the date of your work injury to file a workers’ compensation claim. If you were injured by an occupational disease, you have three years from the date you became aware of your illness to file a claim.
It’s important to file your claim as soon as possible. If you wait too long, you may lose your right to workers’ compensation benefits. A workers’ compensation lawyer can help you avoid any filing errors and ensure your claim is submitted on time.
What If an Employer Doesn’t Have Workers’ Compensation Insurance?
Most employers in Pennsylvania are required to carry workers’ compensation insurance. However, some employers try to avoid the cost of insurance by not carrying coverage.
If you are injured at work and your employer doesn’t have workers’ compensation insurance, you have a few options for recovering compensation. You can file a claim with the Pennsylvania Uninsured Employers Guaranty Fund (UEGF), or you can file a third-party personal injury lawsuit against your employer.
UEGF claims are subject to the following requirements:
- You must have been employed by the uninsured employer at the time of your work injury
- There must not be any other insurance available to cover your injury
- You must file a UEGF claim within 45 days of the date your employer stops paying you benefits
It’s important to note that you cannot file a UEGF claim if your employer is a government entity, a charitable organization, or a sole proprietorship.
Can You Sue Your Employer After a Work Injury in Adams County?
In Pennsylvania, most employers are protected from liability in exchange for carrying workers’ compensation insurance. This means that, if your employer offers workers’ comp coverage, you likely cannot file a lawsuit against them if you are injured on the job, even if your employer was clearly negligent.
However, there are some situations where you can sue your employer or another party for a work injury. This may include instances in which:
- Your employer fails to carry workers’ compensation insurance as required by law
- Your employer intentionally and knowingly caused your injury
- You were injured outside the scope of your employment due to a third-party’s negligence
If you believe one of these situations applies to your case, we encourage you to reach out to our firm right away. Our personal injury lawyers can review your case and help you determine the best course of action. If you are entitled to bring a third-party work injury claim against your employer or another party, our team can help.
What Is a Workers’ Compensation Claim Worth in Adams County?
The value of your workers’ compensation claim will depend on a variety of factors, including the severity of your injury, the length of your recovery period, and the wages you have lost.
Workers’ compensation benefits in Pennsylvania include:
- Lost wages. If you are unable to work for more than a week, you may be eligible to receive two-thirds of your average weekly wage. If you are out of work for more than 14 days, you may be entitled to receive benefits for your first seven days of missed work. If you are unable to return to work, you may be eligible to receive benefits for life.
- Loss of earning capacity. If you are unable to return to your regular job and earn less money in a different position, you may be entitled to receive benefits for your loss of earning capacity.
- Specific loss benefits. If you lose the use of a body part, you may be eligible to receive specific loss benefits. The amount of your benefits will depend on the seriousness of your injury and the specific body part that was injured.
- Medical expenses. Workers’ compensation can pay for your medical bills, including the cost of surgery, hospitalization, medication, and prosthetic devices. If you need a wheelchair or a walker, workers’ compensation can cover the cost.
- Rehabilitation. If you need rehabilitation to recover from your work injury, workers’ compensation can pay for your treatment.
- Death benefits. If your loved one was killed in a work accident, you may be entitled to receive death benefits. The amount of your benefits will depend on your relationship to the deceased and the wages they earned before their death.
It’s important to note that workers’ compensation benefits do not include pain and suffering. However, you may be able to file a personal injury lawsuit if your work injury was caused by a third party, such as a negligent driver or a defective product.
Can You Be Fired for Filing a Workers’ Compensation Claim in Adams County?
No, you cannot be fired for filing a workers’ compensation claim in Pennsylvania. The Pennsylvania Workers’ Compensation Act prohibits employers from retaliating against employees who seek workers’ compensation benefits. If you are fired because you filed a workers’ compensation claim, you may be able to take legal action and recover compensation.
How Can a Workers’ Compensation Lawyer in Adams County Help?
After a work accident, getting the workers’ compensation benefits you deserve can be difficult. The claims process can be confusing and complicated, and your employer’s insurance company may try to pay you as little as possible. That’s why it’s important to have an experienced workers’ compensation lawyer on your side.
At HHR, we know how to navigate the workers’ compensation system, and we can help you gather the evidence needed to prove your claim. We’ll handle all the paperwork and ensure you meet all the deadlines, so you can focus on what’s most important—your recovery.
Our Adams County workers’ compensation attorneys have been serving the injured since 1922, and we’re ready to help you, too. We have a proven track record of success, and we’re not afraid to take on big insurance companies.
Don't hesitate to reach out to our Adams County team at (888) 498-3023. We have supported workers for more than 100 years.
Adams County Workers’ Compensation FAQ
Who is covered by workers' compensation in Adams County, PA?
Most employees in Adams County and throughout Pennsylvania are covered by workers’ compensation, including full-time, part-time, and seasonal workers. However, some categories, such as independent contractors and certain farm workers, may not be covered.
What types of injuries are covered under workers’ comp in Adams County?
In Pennsylvania, workers’ compensation covers any work-related injury or illness. This includes traumatic and repetitive stress injuries that occur on and off worksites, as long as the employee can prove that they were carrying out work duties or otherwise engaged in activities that benefited their employer when the injury occurred. It also includes occupational illnesses, such as hearing loss resulting from exposure to loud noises on the job or mesothelioma related to workplace asbestos exposure.
How long can I receive workers’ compensation benefits in Adams County?
The duration of benefits depends on the nature of the injury and the extent of your disability. Some injuries may result in temporary benefits, while others may qualify for permanent benefits.
What if I return to work but earn less than I did before I was injured?
If you return to work but earn less due to your injury, you may be eligible for wage loss benefits to help make up the difference. Talk to an Adams County workers’ compensation attorney at our firm for help with this issue or other questions related to your claim.
Helpful Links
- Pennsylvania’s official government website’s Workers’ Compensation page provides helpful information about PA’s workers’ compensation program.
- The PA Department of Labor and Industry’s website offers information about various workers’ compensation programs and services.
- The PA Department of Labor and Industry also provides helpful information on the PA Workers’ Compensation Act, including rules, regulations, and statements of policy.
HHR: A Family Story
Handler, Henning & Rosenberg has always been a family business. It's been 100 years, and if we look into the future another 100 years, we still see our family helping yours. We've been around for this long for a reason: we care about our clients and our communities, and every person at our firm does everything they can to help every client we represent.