Altoona
Workers Compensation Lawyer

On This Page

1. Our Workers’ Compensation Lawyer Is Ready to Help You
2. Workers’ Compensation Claims Differ from Personal Injury Cases
3. We Can Help Determine Your Workers’ Compensation Amounts
4. You Have Limited Time to Claim Workers’ Compensation Benefits
5. Discuss Your Case in a Free Consultation with an Altoona Workers Compensation Lawyer

REVIEWED BY

C. William Kenny

June 06, 2022

Board certified by National Board of Trial Advocacy

If you have sustained a serious injury on the job, it can leave you in a delicate financial situation where you have to juggle medical bills and being out of work. Although most employers in Pennsylvania carry workers’ compensation insurance, receiving the benefits you deserve is often not as straightforward as it should be. Our Altoona, PA, workers compensation lawyer at Berger and Green can help you secure the benefits you need.

Despite the existence of laws that protect employees’ rights, filing a workers’ compensation claim is not always easy. In general, trying to navigate the claims process while recovering from an injury can be difficult, and sometimes, employers or insurance companies present additional challenges. Whether you are struggling with a claim denial or you simply need guidance on the law and your rights, working with a knowledgeable workers’ compensation attorney can point you in the right direction.

Our Workers’ Compensation Lawyer Is Ready to Help You

At Berger and Green, we have a team of five attorneys and over 40 years of personal injury legal experience. Together, we have handled thousands of cases for individuals across Pennsylvania. Among many types of injury cases, workers’ compensation claims are one of the most common. When you bring your case to us, our workers’ compensation lawyer is ready to help by:

• Collecting evidence
• Meeting deadlines
• Fighting denials
• Representing you in court
• Negotiating a settlement

While the law may not require you to have a lawyer for completing these aspects of the workers’ compensation claim process, working with a team such as ours at Berger and Green can make the experience significantly less stressful. By getting the help you deserve from our firm, you can focus on your recovery while we handle the legal details.

We Can Fight Back Against Wrongfully Denied Claims

Even if you believe you have done everything right for submitting your claim, there is still the possibility that your employer or their insurer will try to deny it. Common reasons for workers’ compensation denials include claiming:

• Your injury was the result of horseplay
• There was intoxication involved
• You were not at work when you sustained the injury
• There was an issue with the filing or reporting deadlines
• The accident report doesn’t match your injuries
• You saw a doctor that was not on the list of providers
• Employer denies that the injury you suffered is the result of the workplace accident

At Berger and Green, we understand how frustrating a workers’ compensation denial can be, especially when you have a family to support. With this in mind, you can count on us to fight back against wrongfully denied claims by thoroughly evaluating the details of your case and looking for errors in any challenges.

We Can Defend You Against Threats to End Current Workers’ Compensation Benefits

If you have recently received a letter threatening to reduce or terminate your current workers’ compensation payments, you are not alone. Many of our previous clients have been in this situation. However, you need to act quickly. Having our workers’ compensation attorney on your side will help you keep up with the strict deadlines to respond. In addition, we will help you navigate court hearings, obtain necessary records, and handle interactions with legal professionals and physicians.

Workers’ Compensation Claims Differ from Personal Injury Cases

Unlike personal injury cases, workers’ compensation claims are not fault-based. In other words, you are eligible for benefits regardless of whether you or your employer is negligent in some way. While some benefits overlap such as medical coverage and lost wages, workers’ compensation claims do not include pain and suffering damages. Timelines between case types also differ. Compared to personal injury and other liability claims, workers’ compensation benefits process much more quickly.

Third-Party Liability May Present Additional Options

Sometimes workplace injuries involve liability beyond an employee and employer. For example, if you can demonstrate that the negligence of a third-party was also responsible for your workplace injury, you may be able to claim additional compensation through a third-party liability lawsuit, such as pain and suffering. Although workers’ compensation benefits have limits, pursuing third-party liability can cover total damages. If this scenario applies to your case, our workers’ compensation attorney will carefully review your case to fully determine liability.

We Can Help Determine Your Workers’ Compensation Amounts

Numerous factors go into how much workers’ compensation you will receive, but our team of skilled legal professionals will work hard to ascertain your benefits. To do this, you can expect our workers’ compensation lawyer to review past and future medical bills, disability eligibility, and the total wages you have lost during your time out of work. According to the Pennsylvania Department of Labor and Industry, benefits typically cover approved accident-related medical treatment and wage loss after missing seven days of work. The amounts you would receive are calculated based on a schedule and your average weekly wage prior to the accident. Generally, those amounts will be half to two-thirds of your weekly wage.

Workers’ Compensation Coverage Includes Multiple Industries

Because state law requires most employers in Pennsylvania to carry workers’ compensation insurance, the types of industries for workplace injury claims widely vary from education, transportation, manufacturing, and public administration to business services and hospitality. According to the Pennsylvania Workers’ Compensation Act, exceptions to the state’s workers’ compensation requirements can include federal government employees, some agricultural workers, and independent contractors. Our workers’ compensation attorney can help clarify your eligibility.

Most Injuries That Occur at Work Qualify for Workers’ Compensation

If you are wondering whether your injury qualifies for workers’ compensation benefits, there is a good chance that it does as long as it occurred while you were working. The reason for this is because most work-place injuries qualify, including both job accidents and exposure-related injuries and illnesses from hazardous activities, materials, chemicals, substances, or equipment. Common workplace injuries that fall under workers’ compensation include:

• Arm and wrist injuries
• Knee damage
• Carpal tunnel syndrome
• Post-traumatic stress disorder
• Shoulder injuries
• Amputations
• Brain injuries
• Spinal cord damage

Keep in mind, there are numerous other work-related injuries that can qualify for workers’ compensation benefits. If you sustained an injury at work that is not on this list, talking to one of our Pennsylvania workers’ compensation lawyers can help answer questions specific to your case.

You Have Limited Time to Claim Workers’ Compensation Benefits

After sustaining an injury at work, you do not want to wait too long to get help. From the  Workers’ Compensation & the Injured Worker pamphlet, employees should report injuries to employers within 21 days, preferably in writing . If an employer receives notice of a workplace injury more than 120 days after it occurred, you may be barred from making a compensation claim. Another deadline to remember is filing your claim petition with the state. In Pennsylvania, you have three years from the date of the injury. While waiting too long can lead to a workers’ compensation claim denial, our workers’ compensation attorney can help you keep up with deadlines. Depending on the circumstances, we may also be able to file an appeal on your behalf.

Our Law Firm Is Financially Accessible

When you are already financially struggling due to increasing medical bills and time away from work, the last thing you want to think about is figuring out how to pay for an attorney. At Berger and Green, we understand. To make this difficult time in your life less stressful, we offer a free consultation to discuss your case details. In addition, no payment is necessary up front because most workers’ compensation cases are on a contingency fee structure. If you do not win your case, there is nothing to pay.

Discuss Your Case in a Free Consultation with an Altoona Workers Compensation Lawyer

Sustaining a serious injury at work can be overwhelming. Between attending doctors’ appointments, paying hospital bills, meeting employer deadlines, and submitting documentation, it can be difficult to focus on healing. This is where our workers’ compensation lawyer at Berger and Green can help by navigating many of these processes for you. Give us a call to discuss your case today.