Getting hurt on the job can throw your life into a tailspin. You were injured, and you’ll probably be off work while your injury heals. What if you need surgery? How will you pay your medical bills, mortgage, car payments, and grocery bills?
That’s what workers’ compensation is for. When you’re someone’s employee in Pennsylvania, and you are injured while performing your job duties, you’re entitled to workers’ compensation benefits. Your medical bills? Paid. Your regular expenses? Lost wage benefits can cover that. So, how do you get workers’ comp benefits? You call the Hershey workers’ comp lawyers of Calhoon & Kaminsky, P.C.
Our lawyers stand ready to review your accident with you, discuss the details of your injury, advise you on what benefits you’re entitled to, and provide you with the best options for what to do next. If you decide to hire us, we’ll handle all the legal details of securing the workers’ comp benefits you need, so you can focus on what matters most: healing.
Contact our office today for your free, fully confidential consultation.
Overview of the Workers’ Compensation System in Hershey, PA
Pennsylvania’s workers’ compensation law was created to provide quick access to medical and other benefits for injured workers. When an injured worker files a workers’ comp claim, they don’t have to prove that someone else caused the injury. If they were injured while performing their job duties, they are, in most cases, entitled to benefits. Exceptions are when an employee was drunk, on drugs, or engaging in horseplay at work.
Pennsylvania’s workers’ compensation system is an exclusive remedy. That means that, in exchange for access to medical care and other benefits, the injured worker gives up their right to sue the employer for a work-related injury. The employer provides workers’ compensation insurance for their workers in exchange for immunity from liability for work-related accidents.
Most employers in Pennsylvania must carry workers’ compensation insurance. Employees are covered on their first day of work. Workers’ compensation benefits cover only employees, not self-employed individuals or independent contractors.
Why Choose the Hershey Workers Comp Lawyers at Calhoon & Kaminsky, P.C.?
When you’re looking for workers’ comp lawyers in Hershey, PA, look no further than Calhoon & Kaminsky, P.C. We have focused exclusively on workers’ comp cases for more than 25 years. Our attorneys are dedicated to helping you with every aspect of your injury claim, including getting the medications you need and dealing with the insurance companies on your behalf.
We have decades of litigation experience, and we will go to trial if that’s what’s required to secure the benefits you deserve. Our lawyers are committed to empowering you to make the best decisions for yourself and your family. We have recovered over $221 million for injured workers and their families, and we’re ready to represent you, too.
You won’t pay anything up front when you hire us. Our lawyers work on a contingency fee basis, which means we handle your case without any upfront costs from you. We don’t get paid unless you do, which means we are completely invested in your case’s success.
Your livelihood is too important to leave in the hands of just any law firm. Here at Calhoon & Kaminsky, P.C., we’ll review your case and explain your options for getting the help you need. Contact us today for your free, no-obligation case review.
Types of Workers’ Compensation Benefits Available to Injured Workers in Hershey, PA
Several kinds of benefits are available through workers’ compensation in Pennsylvania. If you were injured on the job, you could be entitled to the following:
- Medical Benefits – You’re entitled to reasonable surgical and medical services, medicine, supplies, hospital treatment and services, prostheses, and orthopedic appliances.
- Total Disability Benefits – You can get these benefits if you are completely off work because of your injuries. Total disability benefits usually pay about two-thirds of your pre-injury average weekly wage. After 104 weeks, your employer or their insurer can request a medical examination to determine whether you’re still totally disabled. If you’re not found to be at least 35 percent disabled, your status can change to partial disability.
- Partial Disability Benefits – Partial disability benefits are available if you return to a job that pays less than your pre-injury job because of your work restrictions. Partial disability benefits pay two-thirds of the difference between your pre-injury average weekly wage and your current weekly wage. You can only get partial disability for a total of 500 weeks. Those weeks need not be consecutive.
- Specific Loss Benefits – You can get compensation for the loss of use of all or a part of specific body parts that are listed in the Workers’ Compensation Act. You can also get compensation for serious and permanent disfigurement on your neck, head, or face.
- Death Benefits – If you die because of your work injury, your surviving dependents may receive compensation for funeral and burial expenses and a weekly amount equal to a portion of your pre-injury average weekly wage.
Types of Hershey Workers’ Compensation Claims We Handle
Our law firm takes on all types of workers’ compensation claims. We often see cases involving the following kinds of accidents:
- Slip-and-falls
- Exposure to harmful substances
- Repetitive motion injuries
- Traumatic injuries
- Overexertion injuries
- Construction accidents
The majority of our clients have suffered the following types of injuries:
- Traumatic brain injuries
- Spinal cord injuries/paralysis
- Back and neck injuries
- Crushing injuries/amputations
- Burn injuries
- Electrocution
- Fractures
- Organ damage
- Eye injuries
- Hearing loss or tinnitus
- Work-related mental health conditions
What To Do After a Hershey Workplace Injury
After you’ve been injured on the job, if the injury is serious, get emergency medical treatment first. If you can delay treatment for a few minutes, report your injury to your supervisor. Unless you notify your employer of the injury within 21 days, no compensation is due to you. You must also give notice not later than 120 days post-accident to preserve your right to any workers’ compensation benefits at all.
If your employer accepts your claim, before you make an appointment with a doctor (this does not include your emergency treatment), you must select a physician from the list of healthcare providers your employer has posted in the workplace. You must see this approved doctor for 90 days from your first visit. After that, you can switch to a provider of your choice.
Other steps you should take to protect your health and your claim include the following:
- Obey all the doctor’s orders and attend every appointment.
- Don’t give any insurance representative a recorded statement. Refer them to your lawyer.
- Stay off social media and ask your friends and family not to post about you or your injury.
- Keep a journal to document your daily pain levels and how your injury affects your everyday activities.
- Contact an experienced Hershey, PA workers’ compensation lawyer to handle your case.
FAQs
Injured workers always have questions about their cases. We’ve provided answers to some of those questions for you here.
What Is My Workers’ Compensation Case Worth?
Every workers’ compensation case is different, so no one can tell you the value of your case without reviewing the accident, your average weekly wage, the severity of your injury, the time you were off work, and whether you made a full recovery and can return to work.
What If My Claim Was Denied or Delayed?
If your workers’ comp claim was delayed or denied, hire a lawyer. A lawyer can push back against the insurance company’s delaying tactics. They can argue that the insurer’s denial was incorrect and provide supporting documentation to support that contention. If necessary, they can take your case to a hearing before a workers’ compensation judge.
Can I Recover Damages If I’m Responsible for Getting Hurt on the Job in Pennsylvania?
Yes. Even if you caused the accident that injured you, you are still entitled to workers’ compensation benefits. Workers’ compensation benefits are different than the compensation, or damages, you get in a personal injury claim. In workers’ comp, you cannot recover damages for pain and suffering. However, you can still get workers’ comp benefits, no matter who caused your injury.
How Long Do I Have to File a Workers’ Compensation Claim in Hershey, PA?
You must give your employer notice of your injury within 21 days for benefits to be payable, and within 120 days to be entitled to benefits at all. You have three years from the date of your injury to file a claim petition with the Pennsylvania Department of Labor & Industry’s Workers’ Compensation Office of Adjudication. If your benefits were terminated, you may file a petition to reinstate within three years of the date of your last check.
Contact Our Hershey Workers’ Compensation Lawyers for Help
After you were injured while doing your job, you might be off work while your injury is healing. Don’t stress about how you’re going to pay your living expenses and all your medical bills. You shouldn’t have to try to figure out the workers’ compensation system all by yourself. The PA workers’ comp attorneys of Calhoon & Kaminsky, P.C., are prepared to seek the workers’ compensation benefits you deserve.
When you call our office, we’ll take on your claim and handle every detail for you; all you need to worry about is healing. Call us today or contact us online for your free, no-obligation consultation.
