work injuries law firm in philadelphia

When you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ comp benefits cover most employees. However, these benefits may not be as straightforward as they seem. Many times, the insurance company will try to deny your claim.  They may try to say your injuries were not sustained while on the job, your injuries are being exaggerated, or that you failed to file your claim properly. If this happens to you, you will need a skilled workers’ compensation lawyer to help you with your workers’ comp claim.

If you’re having trouble with your workers’ compensation claim, speak with a personal injury lawyer at Munley Law Personal Injury Attorneys. For over 60 years, our workers’ comp attorneys have been helping injured workers file workers’ comp claims and get the benefits they are owed.

Our peers and legal organizations throughout the country have recognized us for our work. We are consistently named to the Best Lawyers in America lists. Our attorneys are board certified by the National Board of Trial Advocacy and have obtained millions for our clients who have sustained an injury in the workplace.

Let us review your claim for free. Chat live, fill out our contact form, or call today. We do not collect a fee for our services unless we succeed in recovering your benefits. Se habla Espanol.

What is Workers’ Compensation?

Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, become ill, or aggravate an existing condition while on the job. Your employer is legally obligated to carry workers’ compensation insurance for their employees.

Most employees are covered by workers’ compensation regardless of their status as part-time or full-time and regardless of who was at fault for the accident. Employees who were intoxicated or breaking the law during their injury may not be eligible to claim benefits.

Filing a Workers’ Compensation Claim

Unfortunately, many injured employees do not understand how the workers’ compensation process works. Many are afraid to tell their employer of their injuries for fear that they may lose their jobs, or they can’t afford to take time off of work. Some workers may feel that the employer or employer’s insurance company will resist paying benefits and blame the injury on something they did off duty. But you should never feel shame or fear about reporting a workplace injury and pursuing the benefits that you are entitled to under the law.

It is your right as an employee to file a workers’ comp claim and to have your medical expenses and wages paid while you recover from the injury. The experienced workers’ compensation lawyers at Munley Law Personal Injury Attorneys can help you navigate the process, inform you of your rights, and help you work through any obstacles that come up.

A workers’ compensation attorney at Munley Law Personal Injury Attorneys can help you file your claim, prepare for and attend workers’ comp hearings, and appeal denials if necessary.

Do I Need a Workers’ Compensation Attorney?

If you have reported your injury to your employer, applied for workers’ compensation, and are receiving your benefits, you may not need a lawyer. However, the aftermath of a work injury can be difficult and the application process can be confusing. It may be hard to know whose advice to take and how to protect your own rights. If you need help navigating the claims process, we can review the details of your case, inform you of your rights as an employee, and walk you through the proper steps to take – all at no charge.

If your workers’ compensation claim is denied and you need help recovering your benefits, that’s when it may be in your best interest to have a workers comp lawyer represent you. The other situation where you may need a lawyer is if a third party (aside from your employer)  was responsible for your work-related injury. Even if you are receiving workers’ comp benefits, we can help you pursue a third party claim.

What Are the Types of Workers’ Compensation Benefits?

Normally, there are several types of benefits you will receive after an accident at work:

Medical Coverage

This includes any medical costs relating to your injury. These claims are not limited to a specific dollar amount and should cover all co-pays and deductibles. Not only will it include doctor’s appointments, lab tests, ER visits, and medication, but can include medical equipment (such as a wheelchair) and ongoing care.

Lost Wages

If you are unable to work after an accident, you will receive a percentage of your wages, known as disability benefits. There are temporary benefits as well as permanent, depending on how long you are meant to stay out of work.

Specific Loss Payments

If your work injury resulted in permanent scarring/disfigurement,  the loss of a limb, or impaired use of a body part, you may be eligible for “specific loss” payments.

Unlike regular workers’ compensation, you may collect specific loss payments even if your injury does not stop you from working. You do not need to be out of work in order to receive specific loss compensation. You simply must be able to show that your injury happened in the course of your job duties. You must also notify your employer of the injury within 120 days of its occurrence, and submit a workers’ compensation claim within three years of the date the injury was sustained.  However, the earlier you act, the better.

Death Benefits

Thousands of Americans are killed performing their jobs each year. If a worker dies as a result of a job injury or illness, the worker’s family is entitled to receive death benefits. Even if the injury or illness did not cause immediate death, death benefits may apply if the worker passed away within 300 weeks of sustaining the workplace injury, or toxic exposure.

Workers’ compensation death benefits are paid to the surviving family members who depended on the deceased person for financial support.  Those eligible include a spouse, minor children, a dependent adult child, or a parent. Workers’ comp must also pay the reasonable costs of burial, up to $3,000.

A petition for death benefits must be filed within three years of the worker’s death.

What If My Employer Delays My Workers’ Comp Claim?

When an employer or insurance company delays the workers’ comp claim, an injured worker may be eligible to file what is called a penalty petition. Actions that may warrant a penalty petition can include:

  • Delaying payment to a claimant without cause
  • Terminating benefits unjustly
  • Denying a claim due to an improper investigation of the work injury
  • Failing to notify the injured worker, within 21 days, that the claim is denied
  • Failing to pay medical bills

A workers’ compensation attorney at Munley Law Personal Injury Attorneys can file a penalty petition on your behalf. Injured workers who file a penalty petition may be eligible for an award of up to 50 percent of the past-due amount owed, plus interest, and attorney fees.

If Your Workers’ Comp Claim is Denied

In some cases, the workers comp claims process is simple: your claim is approved, you receive your benefits in a timely manner, and you continue receiving payments for as long as you require them. However, this is not always the case.

If you receive notice that your claim has been denied, you still have options. It is not uncommon for a workers’ compensation claim to be denied at first. There are several reasons a legitimate claim can be denied.

Your employer or their insurance company may argue that your injury was not sustained within the course and scope of your job duties. On the other hand, even if they allow that an accident occurred at work, they may accuse you of exaggerating your injuries. This is also known as “malingering,” when an employee falsifies the severity of their injury or illness in order to receive benefits. In either case, an experienced workers’ compensation attorney can help you set the record straight and obtain the benefits you deserve.

If your claim is denied, or if your benefits stop before you are ready to return to work, a workers’ compensation attorney can help make it right.

What Industries Have the Most Workplace Injuries?

According to the U.S. Department of Labor’s U.S. Bureau of Labor Statistics, there were over 2.6 million recorded injuries and illnesses in the private sector in 2021. On average, an illness or injury kept a worker out of a job for 1 day in 2021. As you can imagine, some industries saw more injuries and illnesses than others.

Warehouse and Heavy Machinery Accidents

Serious and even fatal injuries can occur in industrial and warehouse settings. Working around heavy machinery and equipment can lead to an accident; the machinery may be defective, or there may be a lack of proper safety training. Injuries from accidents involving dangerous machinery can include crushed limbs, hands or fingers, amputation, broken bones, lacerations, electrical burns, and wrongful death.

You may also receive an illness while working at a warehouse. Work-related illnesses can occur from exposure to hazardous chemicals and other dangerous materials at work. Exposure to these dangerous toxins and chemicals can lead to serious respiratory conditions, renal disease, chemical burns, and some forms of cancer, including mesothelioma.

Construction Accidents

According to the Occupational Safety and Health Administration (OSHA), the construction industry is one of the most dangerous occupations in the U.S. The leading causes of private construction industry deaths were falls, being struck by objects, electrocution, and being caught in between objects. Those four causes were responsible for 64.2 percent of construction worker fatalities.  Falls, electrocution, crushing injuries, and equipment-related accidents can seriously injure workers. Construction injuries can include:

  • Traumatic brain injury
  • Concussions
  • Head and neck injuries
  • Burns and electrical injuries
  • Hearing loss
  • Vision loss
  • Fractures
  • Amputation
  • Knee, shoulder, and elbow injuries
  • Back injuries
  • Wrongful death

Transportation Accidents

Truck drivers have dangerous jobs. According to OSHA, the trucking and transportation industry sees a high rate of work-related fatalities.  Not only are truck drivers under pressure to deliver goods in a timely manner, but they’re on the road for hours at a stretch. This has a major impact on the driver’s health, not to mention the possibility of getting into a truck accident with another tractor-trailer or a passenger vehicle.

Healthcare Worker Accidents

According to OSHA, “a hospital is one of the most hazardous places to work.” OSHA has explained that “the rate of injury (in a hospital) is almost twice the rate for private industry as a whole.” Part of this high risk is due to what healthcare workers experience every day. Healthcare professionals typically work long hours under physically demanding conditions: exposure to disease, hazardous materials, lifting patients, performing repetitive tasks, and putting patients’ needs ahead of their own.

If you are exposed to infectious disease at work or suffer an injury while caring for a patient, you are entitled to seek workers’ compensation.

Can You Bring a Case Against a Third Party for a Workplace Injury?

Workers’ comp insurance allows you to collect compensation for a work-related injury without filing a lawsuit against your employer. However, there are certain situations where you may be able to bring a claim against a third party. A third-party claim is an action against another person or entity responsible for your injury. For example, if a faulty piece of machinery resulted in an accident, you may have cause to bring a claim against the machine’s manufacturer. Even if you are receiving workers’ compensation benefits, you may still pursue a third party claim in addition to your existing comp claim.

At Munley Law Personal Injury Attorneys we have represented numerous workers whose job-related injuries involved negligent third parties. For example, we handled the third-party claim for a woman who was seriously hurt in a forklift accident and secured a $12 million settlement.

To learn more about your legal options, contact a comp attorney at Munley Law Personal Injury Attorneys. We will explore every avenue to make sure you get the maximum recovery.

Can I Sue My Employer for a Work Injury?

Workers’ compensation insurance exists to compensate injured workers without the need for a lawsuit. This means you can get the money you need fast, and you do not have the same burden of proof as personal injury cases. Workers’ compensation is a no-fault statute. You do not need to prove that your employer was negligent, only that you sustained the injury while performing your job. Because workers’ compensation insurance exists, employees cannot sue their employers for a work injury.

What Do I Need to Do After an Accident at Work?

If you were hurt at work, your first step is to report it to your supervisor and fill out an incident report.  Under the law, you must notify your supervisor at your place of employment within 120 days from the date of injury. Failure to do so can result in denial of your claim, so be sure to report your injury as soon as possible. Even if your injury seems minor, it’s best to have a record of the incident in case you begin to feel more pain as time goes on.

After you report your injury, workers’ compensation insurance representatives may contact you asking for details. Do not sign any insurance document or offer of settlement until a workers’ comp lawyer has reviewed it first. If you have questions about how to apply for workman’s compensation, or if your claim has been denied, call us for a free consult.

Let a Workers Comp Attorney at Munley Law Help You

If workers’ comp denies your claim, you should seek a work injury lawyer immediately.  Our dedicated team of workers compensation lawyers will help you get the benefits you deserve.

Our workers’ comp lawyers understands that the aftermath of a work-related accident can be a difficult time in your life. We are here to help.  Contact us now for a FREE case evaluation for your worker compensation case. Call, email, or chat online. A member of our work accident injury team will get back to you right away.

We are licensed to a principal private investigator, our founder, and operate as a licensed private investigation agency. Our goal is to ensure that our clients have access to the best-in-class private investigator. The cornerstone of our investigative services is Workers’ Compensation fraud investigations and insurance-related SIU. That is a review of motor vehicle accidents that have been deemed suspicious; or employment-related accidents that arise out of employment or continue during employment, statements, and employers. Subrosa surveillance to determine the claimant activity level, and in-depth subrogation investigations.

We have a clear understanding of what it takes to provide actionable information to expose exaggerated and patently false claims. Our sophisticated insurance investigations are a tried-and-true defense designed to identify potentially fraudulent and/or abusive claims.

We recognize fraud occurs in simple and complex schemes of intentional misrepresentation or concealment. Unlike errors or mistakes, fraud is deliberate and maybe intentionally hidden. For this reason, we use creative strategies to determine the presence of deception, which is intended to achieve financial or personal gain at the expense of a victim. Every investigation is unique, and there is no one-size-fits-all approach. We work directly with the examiners, attorneys, and management to conduct the services around a key or significant claim activity. Each insurance investigation is tailored towards the unique needs of a particular client and designed on a case-by-case basis to uncover the nature and extent of the deception and expose fraudulent and/or abusive claims. 

SUBROSA SURVEILLANCE

We provide Subrosa Surveillance for insurance clientele’s claims investigations to determine the Claimant’s current home address, activity level, and if their activity level is consistent with their statements and medical restrictions. Our Subrosa surveillance and insurance defense services encompass all aspects of Insurance investigations, Workers’ Comp, Subrosa Surveillance, Caregiver integrity investigations, 4-hour activity check, and daily monitoring. In order to determine if a Workers’ Compensation claim is fraudulent, Underwriters, Auditors, Claims Adjustors, and employers have to establish fraud indicators, or “red flags.”  If there are several “red flags” on a single claim, it warrants a further review of the claim.

AOE/COE INVESTIGATIONS

Our AOE/COE Investigations are conducted by professional investigators and are extremely thorough. In order to claim a work-related injury, there must be some causal link to employment. The cause of the injury must be determined in order to process a workers’ compensation claim. Our on-the-job injury investigations include every possible detail about the accident scene, any recreational injuries, occupational diseases, and other unusual circumstances. Our clients will receive a copy of the recorded statements, photos, sketches, signed a medical release, and all relevant personnel records. Stryker’s private investigators gather factual information and provide a careful search of social media sites, Google searches, news releases, media releases, press statements (if any) followed by physical surveillance if authorized by the client’s agreement. All investigative services are conducted by experienced private investigators.

MEDICAL CANVASSING

Our Medical Canvassing are conducted by professional investigators and are extremely thorough. Our medical canvassing investigation is a comprehensive search of all hospitals, clinics, and pharmacies around the Claimant’s residence on the date of loss or injury. No matter the line of insurance involved the objective is to discover other medical providers involved and be able to further validate or discover other medical providers involved in treating the Claimant. Every investigation report has the same basic objective…even the canvass reports. Our objectives are to collect, assemble, and preserve evidence. Find facts known to be true and those that may be presumed from all the evidence. Gather the best available evidence with the least possible delay and make determinations and recommendations for administrative disposition. 

PERSONAL INJURY SCENE INVESTIGATIONS 

Accident Scene Inspections / Personal Injury Due Diligence. Personal injury due diligence is the part of tort law processes that allows for the plaintiff to make claims of negligence against a defendant. In the United States, a complex number of laws, statutes, and codes govern the body of law known as tort, or civil law. Personal injury claims fall under the broader category known as tort law, which requires a specific process for verifying and validating claims, then assessing damage awards to plaintiffs when applicable.

An efficient due diligence investigation is about producing valuable, usable results in determining comparative negligence and facilitating an informed evaluation of the claim. It is imperative to conduct an onsite inspection as soon as possible for witnesses, and secure video camera footage at or around the area that might have captured this loss, measurements and photos of skidmarks, and point of impact (POI) debris, police reports, and obtain available law enforcement records: 9-1-1 audio, CAD report, Body Worn Camera and dash camera video footage, scene photos, and supplemental weather reports. Our Investigator will summarize all of the material findings on a topic-by-topic basis.

Due Diligence Meaning:  Due Diligence is a process that involves risk assessment and compliance checks, conducting an investigation for unknown facts, unidentified persons,  review, or audit to verify facts and information about a particular subject.

CARGIVER INTEGERITY INVESTIGATIONS

Caregiver Integrity Investigations. Do you suspect Caregiver Fraud? Do you suspect caregivers are not arriving as scheduled at the patient’s residence? Do you suspect the caregiver of billing for the time they were not providing care? Do you suspect neglect, poor conditions, elder abuse, the theft of Rx medications, or missed treatments?  A licensed private investigator can conduct surveillance to confirm that caregivers adhere to their schedules and best practices.

There are many caregiver professionals who go above and beyond; unfortunately, there are those who do not have the best intentions. Trust is a fundamental part of any relationship, especially those between seniors, their family members, and professional caregivers. Establishing trust takes time, but most care providers and receivers do not have the luxury of getting to know one another well before their relationship begins. Can installing cameras help to strengthen or undermine the trust a family places in professional caregivers and long-term care facilities?

Identify any risks of HIPAA  violations while surveillance cameras. Prior to the installation of any surveillance or monitoring device, a risk assessment should be conducted by a private investigator who specializes in privacy rules and guidelines and knows what to look for. The risk analysis will identify any potential risk to patient privacy using while using video and audio recording devices. There are several benefits that video equipment can give aside from it is an inexpensive means of addressing the ever-increasing security concerns in a residential care facility, hospital, and at the patient’s residence. As a representative, a private investigator has the right to visit and check on the care of the patient.

ALIVE & WELL CHECK / PHONE INTERVIEW / IN PERSON

We can validate your Claimant’s current health status, medical treatment, and present address with an Alive and Well Check, and ensure the Claimant is, in fact, alive and well and they are receiving benefits. Our investigator will ask for verification of employment and/or disability status, social security number and date of birth verification, telephone number, spouse, and children information, and photographs of the claimant at his residence. Our investigator also inquires about the subject’s day to day activities, how their property and residence are being maintained, and we determine their next of kin contact information. We can also accommodate any specific questionnaire forms that the client may require.

Filing a medical malpractice claim is a thorough, expensive, and time-consuming process. It is imperative that when searching for an attorney to file a medical malpractice claim, you search for expertise. We have decades of experience pursuing medical malpractice claims in Philadelphia, Pennsylvania, and we believe that in order to be consistently successful in pursuing these claims, we must focus 100% of our professional time on medical malpractice exclusively. Thus, here at Weiss & Paarz, medical malpractice is the only thing we do. Our clients are confident they have retained the specialized experience necessary to maximize their chances of obtaining justice for themselves and/or their loved ones.

Leave a Comment