Navigating Workers’ Compensation for Long-Term Disabilities: How a Workers’ Compensation Lawyer Can Help
Sustaining a long-term disability from a workplace injury is a life-altering event that affects not only your physical well-being but also your ability to earn a living. For Pennsylvania residents dealing with such challenges, workers’ compensation is designed to cover medical treatment and lost wages. However, understanding the intricacies of applying for and receiving this type of compensation can be daunting. Keep reading to learn more about what to expect when filing for workers’ compensation for long-term disabilities and answer some of the most frequently asked questions.
Understanding Workers’ Compensation for Long-term Disabilities
Workers’ compensation is a form of insurance that provides financial support to employees injured on the job or developed work-related illnesses. The critical difference between short-term and long-term disabilities in workers’ compensation claims is the duration and severity of the injury. Long-term disabilities typically result from severe workplace accidents or illnesses that render the injured worker unable to return to their previous job or perform work at full capacity for an extended period.
In Pennsylvania, workers’ compensation law mandates employers carry insurance to cover injured employees. This compensation includes medical care, lost wages, and ongoing disability payments, depending on the nature of the injury. However, obtaining these benefits, especially for long-term disabilities, often involves legal complexities.
What Qualifies As A Long-Term Disability Under Workers’ Compensation?
A long-term disability occurs when a workplace injury or illness prevents an employee from returning to work for an extended period, typically exceeding six months. Injuries like spinal damage, loss of limbs, or conditions like chronic lung disease from prolonged exposure to harmful chemicals are some examples of long-term disabilities covered under workers’ compensation.
How Soon After A Workplace Injury Should I File A Claim?
In Pennsylvania, workers who are injured on the job must report the injury to their employer within 120 days but should report it as soon as possible to prevent the loss of evidence and witnesses. Failure to do so may jeopardize your ability to file a workers’ compensation claim. After reporting the injury, the employer must file the necessary paperwork with their workers’ compensation insurance provider. While you may feel pressured to delay filing, it is crucial to begin the process immediately to ensure you receive the benefits you are entitled to.
What Types Of Benefits Can I Receive For A Long-Term Disability?
For long-term disabilities, workers’ compensation may cover several types of benefits, including:
- Medical treatment: This includes hospital visits, surgeries, prescriptions, physical therapy, and any other medical care needed to treat your injury.
- Lost wages: If your injury prevents you from working, you are entitled to wage-loss benefits that cover a portion of your lost income. In Pennsylvania, workers typically receive about two-thirds of their average weekly wage.
- Ongoing disability payments: For long-term injuries, workers may receive permanent partial disability or permanent total disability benefits, depending on the extent of their injury and their ability to work.
Can I Change Doctors During My Workers’ Compensation Treatment?
In Pennsylvania, injured employees must initially see a doctor from their employer’s list of approved healthcare providers for the first 90 days of treatment. After that period, you can switch to a doctor of your choice. If you feel your current doctor is not meeting your medical needs or supporting your recovery effectively, consult with your workers’ compensation lawyer to explore your options.
What If The Insurance Company Denies My Claim?
Insurance companies sometimes deny workers’ compensation claims for various reasons, such as disputing the severity of the injury or arguing that the injury is not work-related. If your claim is denied, do not panic. You have the right to appeal the decision. Consulting with a workers’ compensation lawyer can help you navigate the appeals process and ensure that your rights are protected.
How Can a Workers’ Compensation Lawyer Help?
Handling a workers’ compensation claim, especially for long-term disabilities, can be overwhelming. Insurance companies may delay or deny claims, leaving you with mounting medical bills and no income. This is where a workers’ comp disability lawyer becomes essential.
A workers’ compensation lawyer can:
- Advocate for your rights: A lawyer will ensure that your claim is filed properly and you receive all the benefits you deserve, from medical coverage to lost wages.
- Negotiate with insurance companies: Insurance providers often try to minimize payouts. A lawyer can negotiate on your behalf to ensure you are not shortchanged.
- Provide guidance throughout the process: Workers’ compensation laws are complex, and having an experienced attorney help you through the process can reduce stress and increase your chances of a favorable outcome.
Filing a Workers’ Compensation Claim in Pennsylvania: Steps You Should Take
If you have been injured on the job and anticipate a long-term recovery, following the proper steps in filing your workers’ compensation claim is critical. Here is a brief outline of what you should do:
- Report the injury immediately: You must notify your employer within 120 days.
- Seek medical treatment: Make sure to visit an approved medical provider and follow their instructions for recovery.
- File a claim: Your employer should file the claim with their workers’ compensation insurance provider. If they fail to do so, you can take legal action.
- Consult a workers’ compensation lawyer: If you have concerns about your claim or are facing delays, speaking with a lawyer can clarify and help you avoid pitfalls.
Why Should You Hire a Workers’ Compensation Lawyer?
Dealing with a long-term disability is challenging enough without the added stress of navigating workers’ compensation law on your own. Having a knowledgeable workers’ compensation lawyer in your corner ensures that your case is handled professionally and your rights are protected.
Get the Help You Need From A Workers’ Comp Disability Lawyer
At Westmoreland Injury Lawyers, we understand the struggles injured workers face when dealing with insurance companies and the legal complexities of workers’ compensation cases. Our experienced team is here to guide you through the process, from filing a claim to fighting for the benefits you deserve. If you have been injured on the job and are dealing with a long-term disability, contact us today to discuss your case and learn how we can help you.
