PENNSYLVANIA WORKERS' COMPENSATION ATTORNEYS

It is crucial for you to understand your rights after being involved in a work injury. Workers’ Compensation Laws are so complicated that we could not possibly provide you with every scenario that may arise during your case. However, here are 5 things you must know now about your workers’ compensation case. 

1. You Do Not Have to Return To Work Just Because the Company Doctor Said You Are Able to Do So

Company doctors, often referred to as panel doctors, work for your employer and the insurance company. These doctors often provide opinions regarding your ability to return to work that do NOT hold up when challenged in Court.

You are the best guide for your body and how you feel. If you are experiencing pain following the work injury and you do go back to work, the chances are high that your injuries will be aggravated or worsened.  Even worse, your employer may decide to “lay you off” since you are now a liability. You may be left injured with no job and no workers’ compensation benefits. Therefore,prior to returning to work, it is imperative to contact a lawyer to discuss your options. Many times, these options include your ability to seek a second opinion with a more favorable doctor, one not associated with the company you work for or their insurance company.

2. Do Not Be Fooled – Your Employer Cannot Legally Select Your Doctor

You may have heard of the “90-day Rule” that requires you to treat with a “company doctor” or “panel doctor” for the first 90 days following your work injury as long as certain conditions are met.  Most of the time, these conditions are not met by employers and, therefore, the 90 day restriction on whom you may treat with is invalid.

If your employer has told you that you have to treat with a particular doctor, he or she has violated the Worker’s Compensation Act. Discuss your options with an attorney immediately.

For more information, visit our entire page devoted to the “90-Day Rule”.

3. Lump Sum Settlements – How They Work

The Pennsylvania Workers’ Compensation Act permits you to forego future workers’ compensation benefits in exchange for a “lump sum” payment. These payments are often substantial. You should be cautioned that the workers’ compensation carrier typically will attempt to settle with an unrepresented injured worker for far less than the fair value of the claim and you should never agree to a settlement without first speaking with an experienced workers’ compensation attorney. 

Don’t be fooled by thinking that because a Judge holds a hearing to approve your settlement that the settlement is fair, reasonable or in your best interest. The Judge’s role in approving a settlement is solely to make sure you understand the terms of the agreement and the consequences of executing the settlement documents. The Judge will not ensure you settled for a fair amount. In fact, the Judge will tell you that he or she cannot tell you if the settlement is fair.  It is important that you speak with an experienced workers’ compensation attorney to be certain you are receiving the maximum settlement possible.

Lump Sum Settlements are typically sizeable and are often a good option for an injured worker.  Once approved, the worker voluntarily resigns from the job and is then free to look for alternative employment as soon as the worker is ready to return to the workforce. Sometimes that is the next day. 

Most settlement agreements (called Compromise and Release Agreements) are all encompassing – meaning they include the settlement of all possible workers’ compensation claims including future wage payments and future medical bills. However, it is important to understand that when you agree to accept a lump sum settlement, this is a one-time payment. You cannot re-open your case for more money or more medical treatment should your injuries worsen. 

The decision as to whether a lump sum settlement is for you and what amount is fair must be made with competent legal counsel. Contact us today for a free, no obligation consultation.

4. Returning to Work and Notification of Suspension

If you were told by the company doctor or panel doctor that you could return to work and you decided to try your job but have quickly discovered you are having difficulty working due to pain it is important that you act quickly. Once you return to work, the employer or its insurance company will send you a Notice of Suspension. This is a unilateral process that allows the insurance company to suspend your benefits. 

Once you receive the Notification of Suspension, the clock is ticking. The injured worker is provided 20 days to challenge the employer’s contention that he or she can return to work. This is called an Employee Challenge. If a challenge is filed timely, a special supersedeas hearing is scheduled with a workers’ compensation judge and generally, your benefits will be immediately reinstated. 

The Notification of Suspension form includes a portion for the employee to fill out the Employee Challenge.  A sample of this form is provided below.  You should consult with an experienced workers’ compensation attorney before filing out this form so that you can be certain you do it properly and that you are protected.  

5. How Do I Hire and Pay A Lawyer

Hiring a lawyer after you are injured in a work accident is the most important decision you will make. If you choose not to hire a lawyer be prepared to get steamrolled by the insurance company. Workers’ Compensation cases are so complex that most injury lawyers do not handle these cases. In fact, our firm receives many clients who are referred by other lawyers. If the insurance company sees you are unrepresented or are represented by an inexperienced lawyer, they will surely use this information to their advantage.

MMK Law is paid on a contingency basis so you pay no money up front. We pay all legal costs associated with your case including the expert deposition fees which can be as high as $5000 or more. We will represent you free of charge until we have to go to court for you. In some cases, we never go to court and, therefore, never get paid for our legal representation. In some cases, our client’s get paid for years without our firm having to get involved in litigation. However, in the majority of cases, litigation does eventually ensue, almost always started by the insurance company trying to reduce or cut off your benefits. When this occurs you will be glad you hired us at the beginning of your case, enabling us to have your medical  records, understand your case and have the right experts lined up to testify on your behalf.  Having the right doctor testify for you can result in a significantly better outcome. Remember, the insurance company is choosing their doctor. With the help of legal counsel, you should and must choose your own medical expert. 

Remember, since our fee only starts after we go to court for you, there is only upside to hiring us early in the process.  

NEED HELP? DON’T WAIT! 

CALL NOW!  215-545-1870

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We offer a Free, No-Obligation Case Consultation. 

Speak directly to Brian Kredo, a partner at MMK Law. 

Brian J. Kredo, a partner at MMK Law, has been litigating workers’ compensation cases in Philadelphia and the surrounding counties for the past twenty-seven (27) years.  Mr. Kredo has received numerous honors as a lawyer including being recognized as a Pennsylvania Super Lawyer in the Philadelphia Magazine; being named one of America’s Top 100 Attorneys; and being recognized as Member of the Million Dollar Advocates Forum presented only to attorneys who have received verdicts for their clients in excess of One Million Dollars.  Mr. Kredo has also served as a lecturer and presenter on workers’ compensation law at Villanova University.