Gettysburgh-Workers-Compensation

Red Lion Workers’ Compensation Attorneys

Respected advocacy for Pennsylvania employees who suffer injuries or occupational illnesses

Pennsylvania’s workers’ compensation laws protect employees who are injured while doing their job or become ill due to developing an occupational illness. At KBG Injury Law, we’re skilled at showing that you qualify for workers’ compensation benefits, that you are entitled to medical care to improve your health, and that you are entitled to wage loss benefits if you can’t work due to a workplace accident or illness. Our Red Lion workers’ compensation lawyers are also skilled at contesting efforts by your employer to deny, terminate, or reduce your benefits. Call us to assert your right to workers’ compensation benefits today.

What is workers’ compensation?

The Pennsylvania Workers’ Compensation Act provides that employees can file a claim for medical and wage benefits if they become injured or ill during the scope of their employment. Workers’ compensation claims and personal injury claims have some similarities and many differences:

  • Employees do not have to prove fault in a workers’ compensation claim. Claimants do have to prove fault in personal injury claims.
  • Workers must show that their injuries occurred during the scope of their employment. Personal injury claimants need to show an accident caused their injuries. In both types of claims, your injuries cannot be due to prior existing conditions. Some exceptions may apply.
  • Medical bills. Both workers’ compensation and personal claims should pay all your medical bills to treat your injuries or illnesses.
  • Pain and suffering. You cannot claim pain and suffering damages when you file a workers’ compensation claim.
  • Income loss. Employees receive approximately 2/3 of their lost wages subject to certain conditions in workers’ compensation claims. Personal injury claimants can demand all their income losses from liable defendants.
  • Death benefits. The families of employees can claim specific death benefits for funeral and burial costs and specific wage loss benefits. We file wrongful death actions if a loved one dies due to the negligence of others.

Do I qualify for Pennsylvania workers’ compensation benefits?

Generally, Red Lion employers must provide workers’ compensation benefits for all employees, including seasonal and part-time and seasonal employees. Employers are not required to provide workers’ compensation benefits for independent contractors. Generally, your employment status (employee or contractor) depends on the ability of your employer to control your work performance, hours, and tools of your trade.

According to the Pennsylvania Department of Labor and Industry, “nonprofit corporations, unincorporated businesses and even employers with only one employee must comply with the Act's requirements.”

Our Red Lion workers’ compensation lawyers will review your eligibility.

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What benefits can I receive through workers’ compensation?

At KBG Injury Law, our lawyers are experienced in obtaining the workers’ compensation benefits Pennsylvania law permits. These benefits include:

  • Your medical bills. These bills include emergency medical transport, ER care, hospitalizations, surgeries, medications, assistive devices including prosthetics, doctor visits, physical therapy, and other rehabilitative care. You can claim these benefits even if you return to work. Generally, employees select their medical providers from their employer’s preapprove list. We’ll explain when and how you can switch medical providers.
  • Your lost income. Your employer’s insurance company generally pays injured and ill employees 2/3 of their average weekly wages while they’re seeking medical help to be able to return to work. This amount, in 2024, is capped at $1,325. According to the Pennsylvania Department of Labor and Industry, employees may be considered totally or partially disabled – depending on whether they can return to work, how long the employee has been receiving benefits, and the level of impairment rating after two years of receiving total disability benefits.
  • Specific loss benefits. The Pennsylvania Department of Labor and Industry states that “If you have lost the permanent use of all or part of your thumb, finger, hand, arm, leg, foot, toe, sight, hearing or have a serious and permanent disfigurement on your head, face or neck, you may be entitled to a specific loss award.” For example, per Title 77 of the Workers’ Compensation Act, if you cannot use your hand, you can claim 2/3 of your average weekly wages for up to 335 weeks. Our Red Lion lawyers will explain if you’re eligible for special benefits, how impairment ratings work, and how long you can receive benefits.
  • Death benefits. If your loved one dies while working; spouses, dependents under 18, full-time students, and others can claim death benefits if certain conditions (such as spouses must still be legally married when the worker dies) apply. The death benefits include:
    • Up to $3,000 in funeral expenses
    • 2/3 of the average weekly wages of the worker. We’ll explain how long you receive benefits.

What injuries and illnesses does workers’ compensation cover?

The Pennsylvania Department of Labor & Industry states that workers’ compensation covers almost every type of workplace injury. Common workplace injuries include injuries from slips and falls, falls from heights, overexertion, and vehicle accidents. Pennsylvania workers’ compensation should also cover repetitive stress injuries such as carpal tunnel syndrome.

Occupational illnesses include certain specific diseases. Our Red Lion workers’ compensation lawyers will explain which diseases are covered. Employees need to show:

  • They were exposed to the disease while working
  • The job caused their disease
  • The “occurrence of the disease is substantially greater in that industry or occupation than it is in the general population”

What should I do if I’m injured while working in Red Lion?

Employees do need to notify their employer promptly. Generally, employees should notify their employer within:

  • 48 hours if a family member died to their job
  • 7-10 days after any injury
  • 21 days of any incident or any onset of an occupational illness to receive retroactive benefits

Employees who wait 120 days or more may not be eligible for benefits. We’ll explain the time limits that apply for notifying your employer and filing a formal workers’ compensation claim with the Pennsylvania Department of Labor and Industry.

Why did my workers’ compensation benefits end?

Some of the reasons your benefits could be terminated (temporarily or permanently) include:

  • Not following your physician’s advice
  • Not completing the employee verification form in a timely manner
  • Not completing an independent medical exam, impairment rating exam, or vocational interview
  • Being incarcerated
  • Acceptance of a lump sum settlement
  • A judge’s order
  • An agreement in writing to end your benefits
  • You return to your job at your pre-injury/illness wages or for higher pay
  • Your partial disability 500-week period has ended

At KBG Injury Law, we’ll explain when and how your workers’ compensation benefits could be terminated. Our Red Lion workers’ compensation lawyers review, anticipate, and work to counter the efforts by the employer to terminate your benefits. We recommend that we review all documents before you sign any document.

How can your Red Lion workers’ compensation lawyers help me?

Our Red Lion workers’ compensation lawyers have been fighting for injured and ill workers for more than 40 years. We help employees obtain and keep their benefits by:

  • Ensuring the proper deadlines are understood
  • Showing your eligibility for benefits
  • Confirming your average weekly wage
  • Documenting all your medical bills
  • Working with your physicians to show the medical care you need and that you can’t work until your medical care is complete
  • Helping you change doctors
  • Explaining how an independent medical exam, an impairment rating test, and a functional capacity exam work
  • Explaining what a nurse case manager can and can’t do
  • Negotiating lump sum settlements
  • Contesting employer (and insurance company) efforts to suspend or terminate your benefits
  • Helping show you qualify for special loss benefits
  • Explaining the role of a vocational expert
  • Helping you qualify for death benefits

Can I afford to hire a Red Lion workers’ compensation lawyer?

At KBG Injury Law, we represent Red Lion employees on a contingency fee basis. We will only receive compensation if you do. The Pennsylvania Workers’ Compensation Act authorizes up to 20% in contingency fees in workers’ compensation claims.

Do you have a Red Lion workers’ compensation lawyer near me?

Our Red Lion workers’ compensation lawyers meet injured employees and families at our South York office located at 2121 S Queen Street, right off I-83. We conduct consultations by phone and video also. If you’re too injured or ill to come to our office, we will make alternate arrangements to discuss your claim.

Our attorneys will answer your questions, explain your rights, and fight for all the medical and wage loss benefits you deserve.

Talk with a respected Red Lion workers’ compensation lawyer today

At KBG Injury Law, we understand that you need to work to provide for yourself and your family. Our Red Lion workers’ compensation lawyers have helped many workers like you obtain the medical and wage benefits they deserve. We fight to obtain the full benefits you deserve and to ensure you return to work only when and if you’re able to work again. To assert your right to work-injury benefits, please call us or fill out our contact form to schedule a free consultation. Our Red Lion workers’ compensation lawyers maintain offices in York, Lancaster, Hanover, Harrisburg, and Gettysburg for your convenience.