Getting injured on the job may leave you confused about your next steps and worried about the future. When an injury is serious enough to leave you with permanent limitations, it is important to be aware of your compensation options and consider your future needs.
Bensalem disability workers’ compensation claims are much easier to navigate with an experienced lawyer working by your side. Contact The Law Office of Kaitlin Files, LLC to connect with a compassionate workers’ compensation attorney who could help you through the legal process.
Pennsylvania’s workers’ compensation benefits distinguish between Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). The Pennsylvania Workers’ Compensation Act lays out the policies and procedures for understanding and responding to these different benefits.
Most permanent disability claims begin as TTD, which will provide compensation for injured individuals who are completely unable to return to work. After two years, the employer may request an Impairment Rating Evaluation (IRE) to determine whether the disability has improved. A disability rated less than 35% may be eligible for TPD, which is limited to 500 weeks of compensation.
TD applies when an injured person’s disability is rated at 35% or greater after an IRE. Permanent, total disability compensation is ongoing, but Bensalem employers do have the right to request re-evaluation after 60 weeks.
After being injured, you must complete several steps to ensure your workers’ compensation claim has been properly filed. First, report the injury to your employer within 21 days. You should also receive medical treatment within the first 90 days of your workplace accident.
The Pennsylvania Workers’ Compensation Act allows employers to require you to visit specific medical providers in the first 90 days of treatment, but only if a list of at least six physicians is properly posted. In addition, your employer must provide a Rights and Responsibilities document signed by you at hire and the time of the injury, acknowledging this rule. Otherwise, you can choose your own health care provider.
After being treated, you can begin collecting wage-loss and medical benefits under your workers’ compensation policy. At the 104-week mark, your employer will likely request an IRE to re-evaluate the impact of your disability. Because of this, you may find yourself with ongoing logistical requirements to access your disability workers’ compensation benefits in Bensalem.
By filing a disability workers’ compensation claim in Bensalem, you could receive wage-loss compensation, medical benefits, and specific loss benefits. The amount of compensation is determined by calculating a percentage of your average weekly wage at the time of injury.
Medical benefits have no time limit as long as they are reasonable, necessary, and related to your injury. This flexibility is especially important for permanent disability injuries that are likely to require ongoing care.
Throughout your disability claim, you may find yourself in disagreement with your Bensalem employer and the involved insurance company. Common disputes include a push for a premature IRE, attempts to reduce the impairment rating, or the use of surveillance to reduce wage-loss claims.
When conflicts arise, it is important to have a skilled disability claims lawyer on your side. Your attorney could challenge unfair IRE results, represent you at hearings, negotiate lump-sum benefits, and argue against termination and reduction of benefits.
If you have suffered a permanent injury while on the job and need help navigating Bensalem disability workers’ compensation claims, call our office today. Our lawyers have a deep understanding of Pennsylvania’s evolving workers’ compensation law and could protect your rights and provide you with the support you need now and in the future. Contact The Law Office of Kaitlin Files, LLC to schedule a consultation.
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