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Call Us: 888-947-4848

Fax Us: 877-FAX-JFXF

EFAX: 801-382-1810

Email: MyLawyer@MyLawyer.net

2661 Huntingdon Pike,
The Gardens At
Mount Jolly,
Huntingdon Valley, Pennsylvania 19006

38 North Haddon Avenue, Haddonfield, New Jersey 08033

John F.X. Fenerty, Jr.  Attorney at Law

WORKERS' COMPENSATION

INJURED WORKER HELPLINE - 888-947-4848.

We are a Workers Compensation Law Firm dedicated to  Injured Workers. Our Workers Compensation Legal Team is committed to serving the needs of people who have sustained work related injuries.

We offer our clients high quality professional legal services and promise personal attention to their needs. 

Free Confidential Case Review.


WORK RELATED INJURIES

The Pennsylvania Department of Labor and Industry tells us that 85,000 people are injured each year in work related accidents in Pennsylvania alone.  Fortunately those people have the Pennsylvania Workers Compensation Act to protect them while they are injured on the job. 

Everyone who is injured at work needs to know how the Workers Compensation laws protect them.  Handling a workers compensation claim is neither an easy or straightforward matter for the uninitiated.  In fact a great deal of our workers compensation clients are referred in from other attorneys who do not handle workers compensation cases because of the technicalities and practical considerations involved.  The following is some basic information on Pennsylvania Workers Compensation Claims.


Two Convenient Law Office Locations


Huntingdon Valley, Pennsylvania


Haddonfield, New Jersey

Click on office photos for directions.
 
WORKERS' COMPENSATION LAWYER
ON CALL ALL DAY, EVERY DAY

WORKERS' COMPENSATION IN PENNSYLVANIA

The Pennsylvania Workers Compensation Act has broad application to almost all injuries that occur in Pennsylvania and to injuries that occur out of state to Pennsylvania Employees.   Therefore, if you work in Pennsylvania or if you are injured in Pennsylvania you are entitled to receive benefits under the Pennsylvania Workers Compensation Laws.

In the Commonwealth of Pennsylvania, Workers’ Compensation is available when you: (1) sustain an injury, (2) in the course and scope of your employment.  The presence of these two factors will entitle you to payment of reasonable, necessary and causally related medical expenses.  This is the Medical Benefit of our Workers Compensation system.

If, in addition to having medical expenses, you are unable to make your pre-injury average weekly paycheck because of the work injury, you are entitled to a workers’ compensation wage loss payment.  This is called the Indemnity Benefit in our Workers Compensation system.

Under the Pennsylvania Workers' Compensation Act there many additional benefits including, but not limited to, payment for the amputation of, or loss of use of, certain body parts and for scarring of the face and neck. These benefits are called Specific Loss Benefits.  There are benefits for occupational diseases such as asbestosis and coal miners disease; fatal claim benefits; Heart & Lung benefits; benefits for widows and children.  There are other benefits available as well.

You are not permitted to recover for pain and suffering under the workers' compensation law.  Workers compensation is the exclusive remedy of an employee against his or her employer in most, but not all, situations.   The Pennsylvania Workers' Compensation Act is complex.   If you have been injured in a work related accident or event, you need to speak with a lawyer.   You will be required to deal with people who are much more familiar with the process, and whose interests will not likely be consistent with yours.  Do not go it alone. 


TOTAL DISABILITY AND PARTIAL DISABILITY

In Pennsylvania, the term “total disability” in workers’ compensation language means that you are unable to earn any money.  This is often called "TTD" on your workers' compensation check.  Technically speaking there is no specific time limitation on your receipt of total disability.  However, your workers compensation insurance carrier has many ways of fighting your total disability status, and they are likely to use them.

Partial disability” means that you are able to earn some money, but not as much money as you made at the time of the injury.  Partial disability is limited to 500 weeks of payments; or about 9 and 1/2 years time.


HOW LONG WILL MY WORKERS' COMPENSATION LAST?

There is no specific time limitation to your eligibility for collecting “total disability.” However, from a practical perspective, your employer, its workers' compensation carrier or its third party administrator will not likely allow you to collect compensation without end; at least not without a fight. They will try to find a method to challenge your entitlement.

When you receive “partial disability” payments there is a 500 week period at the end of which your eligibility for wage loss payments can expire.

As a general rule in Pennsylvania, once your claim has been accepted by your employer or awarded by a workers' compensation judge, your benefits will continue until you agree to change them, or until a workers' compensation judge enters an award permitting the employer to terminate, modify, or suspend your benefits.

CAN THEY TAKE MY WORKERS' COMPENSATION?

The employer's workers' compensation insurance carrier has a variety of methods for challenging your entitlement to compensation. The three most common methods are by filing Petitions to Terminate, Modify, and/or Suspend your compensation.

A Termination Petition requests that a workers' compensation judge determine that your workers' compensation case is over because you are "fully recovered" from your work injuries.  An Order of Termination would completely stop both your wage loss and medical benefits.  We often see opinions from defense doctors that state that a Claimant is "fully recovered" from whatever happened on the date of injury, and that whatever medical problems continue are attributable to another cause.

Modification Petitions and Suspension Petitions will only change your entitlement to continuing wage loss payments and do not change entitlement to medical benefits. A Suspension is appropriate where you have no loss of earning capacity. For example, if you return to a job that pays you as much as you made at the time that you got hurt, a Suspension is appropriate.

A Modification is appropriate where you have some earning capacity, but not as much as you had at the time of your work injury. For example, if you returned to a job but your earnings were $100.00 short per week, you would be entitled to collect $66.67 per week in the form of "partial disability." Remember that there is a 500 week time limitation on "partial disability."

Utilization Review is one of the tools used by the workers compensation insurance industry to limit the amount of your Medical Benefits.  Remember, the standard for the payment of medical benefits in Pennsylvania Workers Compensation is that the treatment must be: (1) Reasonable; (2) Necessary; and (3) Causally Related to the work injury.   This is a rather liberal standard in favor of the employee.  If a medical provider sends a bill to the workers compensation carrier in the proper form, the burden is on the insurance carrier to pay the bill within thirty (30) days or to submit the bill to a Utilization Review Organization, also called a "URO"..  A URO can only address the reasonableness and necessity of the treatment.  A URO can not address the causal relation to the work injury.   If a URO has been performed and results in an unfavorable decision, in whole or in part, it must promptly be appealed to a Workers Compensation Judge.  Time is of the essence in all of these matters.

Ultimately, if the case is properly handled in a timely fashion, once the employer or its carrier accepts your claim, the workers' compensation insurance carrier has to convince a workers' compensation judge that facts exist that entitle them to stop or change your benefits. Just because the carrier says it is entitled to change your benefits does not mean that it will automatically be successful in so doing. There is ample opportunity for us to litigate the matter and present your side of the facts. This is what we do on a regular basis and we do it well.


This is intended to be a very general overview of Pennsylvania Workers' Compensation Law.   The law is much more comprehensive and specific. If you have any questions whatsoever, please do not hesitate to contact Mr. Fenerty. Remember that the only bad question is the question that you did not ask.

Our Workers Compensation Law Offices are conveniently located in suburban Northeast Philadelphia and in Southern New Jersey.  We are a Philadelphia Personal Injury Law Firm with suburban convenience.

Call Now For A Free Consultation - 888-947-4848.

Serving All of Pennsylvania and All of New Jersey.


IF YOU ARE FACED WITH THE FOLLOWING QUESTIONS, YOU NEED A LAWYER.  CALL US NOW, IT'S FREE.

When are you entitled to Workers' Compensation?   How long with Workers' Compensation last?

How much workers compensation payments should I be getting?  Have your Benefits been properly calculated? Are you getting what you deserve?

What Benefits Are You entitled to? Wage Loss? Medical Bills? Scarring? Disfigurement? Hearing Loss? Amputation? Loss of Limb? Loss of Use of, Fingers, Hands, Arms, Feet, Legs? Are There Other Benefits?

Are your Work Comp checks late?

Must you continue to go to Occupation Health Facilities or Workers Compensation Panel Doctors ? If, so for how long?

Lump Sum Payments and Workers Compensation Settlements: Commutations versus Compromise and Releases. Find out which option is best for you.

How much is a fair settlement for my workers compensation case?

What is an Independent Medical Examination? How often must you attend an IME?

What is an Impairment Rating Evaluation or IRE?  Do you have to attend?

What is a Vocational Evaluation? What is Earning Power Assessment and When must you attend?

What is Maximum Medical Improvement? When does it jeopardize your benefits?

What is a Notice of Compensation Payable?  What is a Notice of Workers Compensation Denial?

How long do I have to bring a claim for workers compensation?  Is there a Statute of Limitations for workers compensation claims?  Is there a Notice requirement separate and distinct from the Statute of Limitations for my workers compensation case?

What is a Medicare Set-Aside?  When is it needed?  How does a Medicare Set-Aside Work?

Will my Workers Compensation Claim effect my Social Security Disability Claim?  or my Social Security "Old Age" benefits?

Is the Workers Compensation Insurance Carrier or my employer entitled to take a set-off credit against my Severance? My Pension? Unemployment Compensation?  or My Third Party Bodily Injury recovery? If so, how much and for how long?

Call Now For A Free Consultation - 888-947-4848.


Contact Information:

Telephone:
Nationwide Toll Free: 888-947-4848
24/7 Emergencies & Consultations: 215-858-3000
 
Fax:
Toll Free: 877-FAX-JFXF or EFAX: 801-382-1810
 
Our Office Addresses:
2661 Huntingdon Pike, The Gardens At Mount Jolly, Huntingdon Valley, Pennsylvania 19006
38 North Haddon Avenue, Haddonfield, New Jersey 08033
 
Electronic mail:
General Information: MyLawyer@MyLawyer.net
New Client Inquiry: MyLawyer@MyLawyer.net
Webmaster:
webmaster@mylawyer.net

Our Workers Compensation Clients:

If you have a Workers Compensation Claim, you need a Workers Compensation Lawyer. Our Clients come from all over the United States of America and from overseas.  We are proud to serve them all.  Our Huntingdon Valley Workers Compensation Law Office is proud to serve the Pennsylvania workers compensation legal needs of the members of all communities in Pennsylvania and New Jersey, including but not limited to: Abington, Ardsley North Hills, Bensalem, Bethayers, Bristol, Bryn Athyn, Bucks County, Cheltenham, Elkins Park, Feasterville, Fort Washington, Fox Chase, Ft. Washington, Glenside, Gwynyd, Hatboro, Horsham, Huntingdon Valley, Jamison, Jenkintown, Ivyland, Keswick, Langhorne, Lawndale, Levittown, Maple Glen, Meadowbrook, Melrose Park, Montgomery County, Montgomeryville, Newtown, Northeast Philadelphia, Northeast Philly, Northampton, North Wales, Philadelphia, Rockledge, Roslyn, Rydal, Somerton, Southampton, Tacony, Tookany Creek, Trevose, Upper Dublin, Warminster, Warrington, Willow Grove, Wyncote, and Yardley.

Our Haddonfield Personal Injury Law Office is proud to serve the personal injury legal needs of all communities in New Jersey and Pennsylvania, including but not limited to: Atlantic City, Atlantic County, Blackwood, Barrington, Berlin, Camden County, Cherry Hill, Collingswood, Deptford, Gibbsboro, Haddonfield, Haddon Township, Haddon Heights, Hammonton, Lawnside, Magnolia, Margate City, Marlton, Medford, Somerdale, Tavistock, Ventnor, Voorhees, Westmont, Williamstown, Winslow.

We regularly appear in the Workers Compensation Courts throughout Pennsylvania including regular appearances in: the Philadelphia Workers Compensation Hearing Office, the Northeast Philadelphia Workers Compensation Hearing Office, the Bristol Workers Compensation Hearing Office, the Doylestown Workers Compensation Hearing Office, the Dresher Workers Compensation Hearing Office, and the Malvern Workers Compensation Hearing Office.

We Value Your Business.  We Are Proud To Handle Your Work Comp, Workmens Comp, Workmans Comp, Workers Comp, Workers Compensation, Personal Injury Claims, Medical Malpractice Cases, Medical Negligence Matters, Motor Vehicle Accidents, Car Accidents, Motor Cycle Accidents, Bus Accidents, Truck Accidents, Workers' Compensation Cases, Work Related Accident Claims, Construction Accidents, Industrial Accidents; Defective Products, Tools, Medications, Medical Equipment, Prosthetics, and Drugs, Fires and Explosions, Slips Trips and Falls, Unsafe Premises, Dog Attacks, and General Negligence Cases.

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Copyright © 1995-2007 Law Offices of John F.X. Fenerty, Jr. Last modified: 04/06/2007