Mechanicsburg Workers’ Compensation Lawyers, PA
Experienced representation for injured and ill employees in South Central Pennsylvania
There are many different jobs in Mechanicsburg including industrial work, construction, truck driving, teaching, healthcare, restaurants, and mechanical work. Workers’ compensation provides healthcare and lost wage benefits for most employees. There is no need to prove fault. The main requirements are that you must be an employee, you’re hurt or become ill while doing your job, and your injuries or illness are due to your work and not other causes. At KBG Injury Law, we’re skilled at obtaining compensation for your medical bills, share of work loss benefits, and any special benefits you deserve. Our Mechanicsburg workers’ compensation lawyers have helped countless workers just like you obtain the benefits they deserve.
How can we help?
- What is workers’ compensation?
- Am I eligible for workers’ compensation in Mechanicsburg?
- What benefits does workers’ compensation provide to Pennsylvania workers?
- What injuries and occupational illnesses are covered by workers’ compensation?
- What steps should I take if I’m injured at work?
- When do workers’ compensation benefits stop in Mechanicsburg?
- How do you advocate for injured and ill workers?
- How much does a workers’ compensation lawyer cost in Mechanicsburg?
- Do you have a Mechanicsburg workers’ compensation lawyer near me?
What is workers’ compensation?
The Pennsylvania Workers’ Compensation Act provides that employees who are injured in the scope of their employment can file a claim for benefits. There are a few conditions that separate a workers’ compensation claim from a personal injury claim.
- There is no need to prove fault. You can file a Pennsylvania workers’ compensation claim even if the employer wasn’t negligent.
- Your injuries or illness must have occurred within the scope of your employment.
- Your injuries cannot be due to prior existing conditions (though you can claim benefits if you reinjure an old wound).
- If you suffer an occupational illness, the illness cannot be one that you could have reasonably contracted away from your job.
- You cannot claim damages for pain and suffering.
- You should receive payment for all your medical expenses for as long as you’re working to improve your health or keep your health stable.
- You receive some but not all of your lost income.
Our Mechanicsburg workers’ compensation lawyers can explain if you’re eligible and what compensation you can claim.
Am I eligible for workers’ compensation in Mechanicsburg?
Employers are required to provide workers’ compensation for all employees, including part-time and seasonal employees. There is no duty to provide workers’ compensation for independent contractors. Generally, you are considered an employee if your employer controls your work performance, hours, and tools of your trade.
Some exceptions may apply to federal employees, railroad workers, and other employees. Our Mechanicsburg workers’ compensation lawyers can explain if you’re eligible.
What benefits does workers’ compensation provide to Pennsylvania workers?
Pennsylvania workers could be entitled to several different benefits through workers’ compensation:
- Your medical bills. These bills include ambulances, ER care, hospitalizations, surgeries, doctor visits, physical therapy, occupational therapy, vocational therapy, speech therapy, psychological therapy, chiropractic care, any other type of rehabilitative care, medications, and assistive devices such as prosthetics. Generally, you must select from your employer’s panel of medical providers during the first 90 days. We can explain when and how you can change doctors after the initial 90-day period.
- Your lost income. Pennsylvania pays injured employees 2/3 of their average weekly wages while they’re seeking medical help and while they can’t work. This amount is subject to a cap. In 2024, that cap is $1,325. According to the Pennsylvania Department of Labor and Industry, payments are made for as long as you’re disabled (can’t return to work). Workers’ compensation wage loss benefits are not taxable.
These benefits are paid until the employee returns to their full pre-injury employment, an agreement or judge’s ruling that the employee can return to work without restrictions, or “The employee is medically able to perform other employment which is currently available to the employee with no loss in earnings.”
- Specific loss benefits. Our Mechanicsburg workers’ compensation lawyers seek compensation for the partial or full loss of certain body benefits. Per Title 77 of the Workers’ Compensation Act, Pennsylvania authorizes additional wage loss benefits for the loss of a body part or the loss of the use of a body part. The loss of vision or hearing is also covered. If you claim special loss benefits, you may be required to undergo an impairment rating evaluation (IRE) that determines the type and severity of disability you have.
- Death benefits. If your loved one died while on the job:
- A surviving spouse is entitled to death benefits provided they were living with the employee when he/she died. Otherwise, a spouse must show that they were still legally married and were financially dependent on the employee.
- Dependents under 18 and full-time students are generally also entitled to death benefits.
- If there is no surviving spouse or minor dependents, the beneficiaries may include parents and siblings if they can prove they were financially dependent on the employee.
- Death benefits include funeral expenses (up to $3,000). The benefits vary depending on who survives the decedent. The benefits are a percentage of the average weekly wages of your loved one before they
What injuries and occupational illnesses are covered by workers’ compensation?
The Pennsylvania Department of Labor & Industry states that almost of every type of workplace injury is covered. Most injuries are due to accidents such as slips and falls, overexertion, falls from heights, and vehicle collisions. Generally, repetitive stress injuries such as carpal tunnel syndrome are also covered.
Occupational illnesses include certain covered diseases, like firefighters who develop heart and lung disease after four or more years of service, or nurses who suffer from tuberculosis or hepatitis. Occupational illness also includes any disease where:
- The employee was exposed to the disease on the job.
- The disease is “causally related” to the worker’s industry or occupation.
- The “occurrence of the disease is substantially greater in that industry or occupation than it is in the general population.”
What steps should I take if I’m injured at work?
You do need to notify your employer promptly. Generally, you should notify your employer within 21 days of any incident or any onset of an occupational illness to receive your full benefits. If you wait 120 days or more, you may not be eligible for benefits. Other time limits may apply; for example, you only have 48 hours to notify an employer if your loved one died.
You must file your claim for benefits within three years from the date of the accident.
When do workers’ compensation benefits stop in Mechanicsburg?
Your right to benefits may be terminated or suspended for many reasons. Our Mechanicsburg workers’ compensation lawyer can review these scenarios with you. We can show you how to avoid these scenarios or respond promptly when they occur.
You can lose your workers’ compensation benefits under any of the following circumstances:
- Failing to follow your doctor’s recommended course of treatment
- Refusing to complete an independent medical exam or a vocational interview
- Failing to complete the employee verification form in 30 days
- Being convicted of a crime that results in incarceration
- A judge suspends or terminates your benefits
- You agree in writing to end your benefits
- You accept a lump sum settlement
- You return to work at your pre-injury/illness wages or for higher pay
- Your partial disability 500-week period has ended. Workers who return to work for less pay than their pre-injury wages are entitled to 2/3 of the difference between their pre- and post-injury wages – for up to 500 weeks.
In some cases, your benefits can be reinstated. In others, the loss may be permanent. You should never sign any workers’ compensation documents unless your lawyers review the documents first. Your benefits may be at risk.
How do you advocate for injured and ill workers?
Our Mechanicsburg workers’ compensation lawyers help injured and ill workers by:
- Ensuring that you give proper notice to your employer
- Filing the proper claim with the state
- Showing that you are eligible for benefits
- Confirming your wage benefits
- Working with your treating doctors to verify your injuries, illnesses, and your inability to work
- Helping you switch doctors when necessary for your health
- Explaining how an independent medical exam, an impairment rating test, and a functional equivalency exam work
- Explaining your obligations and rights when an employer assigns a nurse case manager
- Contesting any effort by your employer to terminate your benefits such as their claims that you’re ready to return to work
- Helping you obtain special loss benefits
- Negotiating a lump sum settlement
- Obtaining death benefits when a loved one dies at work
How much does a workers’ compensation lawyer cost in Mechanicsburg?
At KBG Injury Law, we handle workers’ compensation claims on a contingency fee basis. This means we will only receive compensation if you do. The Pennsylvania Workers’ Compensation Act permits up to 20% in contingency fees in workers’ compensation claims.
Do you have a Mechanicsburg workers’ compensation lawyer near me?
Our Mechanicsburg workers’ compensation lawyers meet injured workers and families at our office in Lemoyne located at 717 Market St. We can make alternate arrangements when necessary. We also conduct consultations by phone and through online conferences.
Our lawyers can answer all your questions, explain your rights, and guide you through each step of the claims process.
Speak with an experienced Mechanicsburg workers’ compensation lawyer
At KBG Injury Law, we understand how anxious and worried you are. You worry about your health, whether you’ll ever be able to return to work, and how you’ll be able to support yourself and your family. Our Mechanicsburg workers’ compensation lawyers are ready to help. For nearly 40 years, we’ve been peerless advocates for injured workers. We know how to prove that you are eligible for medical benefits, wage loss benefits, special loss benefits, and death benefits. Please call us or fill out our contact form to schedule a free consultation. KBG Injury Law maintains offices in York, Lancaster, Hanover, Harrisburg, and Gettysburg for your convenience.