Workers’ Compensation Attorney Philadelphia
The Pennsylvania Workers’ Compensation Act is designed to compensate injured workers for time missed due to an injury that occurred while on the job. The Act also provides for any injury related medical expenses. The amount of compensation an injured worker received is base on his or her salary and rarely on the severity of the injury. Of course someone who is severely injured will end up receiving more in compensation than someone who is not badly injured because the severely injured worker will be out of work longer than a worker who has not been severely injured. If a worker has suffered a catastrophic injury, such as the loss of an eye or a limb, that is known as a specific loss, and the Workers’ Compensation Act sets forth specific dollar amounts for each specific loss.
In order to prevail in a Workers’ Compensation case the injured worker, also known as the Claimant, must show that he or she was injured during the course and scope of his or her employment, and suffered a wage loss as a result of that injury. Not every injury is compensable. For instance, if a worker is injured, but not completely disabled from the injury, the employer can offer the worker a light duty job that the worker is able to perform. If the worker performs this light duty job with now wage loss, the worker is not entitled to workers’ compensation payments. That worker would be entitled to have his or her related medical expenses covered, however. If an injured worker is unable to work at all then he or she would be entitled to wage loss benefits. The benefits received depend on the salary of the injured worker. The compensation rate is generally about two thirds of the worker’s salary with a maximum compensation rate of $995.00 per week if the injury occurred on or after January 1, 2017. Any worker making $1,492.50 or more is entitled to the maximum rate. If a worker makes between $746.26 and $1,492.50, the worker is entitled to 66 and 2/3 percent of his or her salary. If a worker makes between $552.78 and $746.26, the worker is entitled to $497.50 per week. If the injured worker makes $552.77 or less, that worker is entitled to 90% of his or her salary.
Philadelphia Workers' Compensation Attorney Free Consultation
Proving that a worker has a compensable claim can be difficult and often requires medical evidence. Sometimes the injury is obvious and the employer will accept the injury, but that is not always the case. In order to prove a contested case, a doctor must testify to a reasonable degree of medical certainty that the work injury has resulted in a disability and that the work related disability is preventing the worker from going back to his or her job. Employers and insurance companies hire lawyers and doctors who are experts in work injuries and it is important that an injured worker has an attorney who knows what evidence is required to win a Workers’ Compensation case. The attorneys at the Law Office of Greg Prosmushkin have experience in winning cases and settlements for their clients. It is important that an injured worker hire a competent and experienced attorney because workers’ compensation law is complicated and if an injured worker goes against an employer and insurance company who have retained lawyers trained in defending workers’ compensation cases, it is unlikely that the injured worker will prevail.
Attorney Philadelphia for Workers' Compensation
If you have been hurt and work and think you have a Workers’ Compensation case, call the Law Office of Greg Prosmushkin for a free consultation. The lawyers here can explain the process and tell you what to expect. Your employer and the insurance company will have lawyers on their side, and you will need one on your side as well.
This content was written on behalf of Greg Prosmushkin