Workers’ Compensation

An injury at work can leave you with significant physical and financial problems. Depending on the extent of your injuries, you may incur considerable medical bills, and may require a period of time away from work — or may be incapable of returning to your pre-injury employment. No matter how large or small, if an on-the-job injury has had an impact on your ability to live your life and do your work, you may be eligible for workers’ compensation benefits.

At JacksonLaw, we have been serving injured workers since 1988. When one of us is injured on the job, Workers’ Compensation laws can help protect our health, our loved ones and our financial well-being. Here in Pennsylvania, the law requires employers to minimize safety risks and make sure employees are not in danger. Designed to help protect you, the Workers’ Compensation Act is lengthy and complex. There are many exceptions to various provisions of the Act, as well as language that may be subject to legal interpretation. If you’ve been hurt at work, you should call us for help as soon as possible.

We know Workers’ Comp. We have lived it, our work related death has played a significant part in our law firms long history of representing injured workers and their families. We do it every single day. We know the doctors. We know the system. We know the tricks the insurance companies like to pull.  Most importantly, we understand what you’re going through.

Most job-related injuries are covered by Workers’ Compensation, including injuries sustained in an accident (perhaps a fall or a mechanical malfunction) and occupational hazards or diseases that occur during the normal course of a job (like carpal tunnel syndrome or exposure to dangerous chemicals). If you’ve been injured on the job, your employer is required to compensate you for medical bills and lost wages.

Workers’ Compensation benefits include weekly payments based on a percentage of your average weekly wage for temporary total disability, partial disability, permanent and total disability and permanent loss of function and disfigurement. It also covers medical expenses for treatment that is reasonable, necessary and related to the injury.

If you’ve been hurt on the job, report your injury immediately, no matter how minor you think it is. The single most damaging element in a contested Workers’ Compensation case is the failure to promptly and properly report an injury. If your report is vague, confusing or is made days, weeks or months after the actual date of the injury, it could negatively affect the outcome of your claim. The Workers’ Compensation Act requires you to report your injury within 120 days from the date of your injury. Failure to report an injury within this time period could bar a claim.

Over the years, we’ve seen that individuals who immediately and accurately report their injuries are far more likely to receive benefits promptly and without contest from their employers.

Most employers now have their own policies requiring immediate reporting of injuries. We’ve actually seen employees fired from their jobs for failure to follow these policies. This can impede receipt of both Unemployment Compensation and Workers’ Compensation. When reporting an injury, be sure to make the report to a Supervisor, not a coworker. Ask your employer to give you an Employer’s Report of Occupational Injury and be sure that it has been completed accurately.

Don’t Settle Your Workers’ Compensation Claim Unrepresented

The Act 57 amendments to Pennsylvania workers’ compensation laws allow workers and insurance companies to settle workers’ compensation claims for their work injury, rather than receiving weekly or bi-weekly benefits. The insurance company always tries to settle for the smallest amount possible and that is why you need the assistance of an experienced workers’ compensation attorney to help you get the money you are owed.

In exchange for giving up some or all of your rights, you can take a lump sum cash settlement. You can settle your wage loss benefits, your medical benefits, or both. You can also obtain a lump sum payment of specific loss benefits, such as for an amputation injury, facial scarring, paralysis or vision or hearing loss.

You Need Competent Advice for This Very Crucial Decision

Lump sum settlements must be approved by a workers’ compensation judge, but the judge is only concerned with whether the injured worker understands the terms of the settlement, and not whether a settlement is smart for you or if the amount of money is fair.  Because you are waiving rights to future benefits or claims, any decision to settle your case should be discussed with your family and an experienced workers’ compensation lawyer.

JacksonLaw, LLC has helped many clients settle their work injury claims, however if we feel settling your claim is not in your best interest we will continue to help you maintain your workers’ compensation benefits. Our experienced attorneys have practiced in workers’ compensation for 45 years and we know the true value of your claim and how to negotiate a lump sum settlement in your best interests.

Personal Attention in Every Case

We are responsive to every phone call, e-mail and other correspondence we receive. When you call JacksonLaw, you will always be able to talk to an attorney or experienced paralegal. We return all messages promptly and you will have an experienced attorney by your side through every step of the process. We want to do more than simply build an attorney-client relationship. We want to build a personal relationship you can depend on for support and solutions. We care about you and your best possible outcome.  You can count on us for sound counsel, attentive service and genuine concern for your well-being. We are dedicated to helping you obtain the full compensation to which you are entitled.

No Fee Unless We Get Results

At JacksonLaw, we handle all social security and workers’ compensation cases on a contingency basis. We get paid only if you receive compensation in your case or if we prevent the insurance company from stopping or altering your benefits. To schedule a free initial consultation, e-mail us or call us at 570-421-1066 or 610-954-9801.

 

 

Social Security

If you are unable to work due to a disability, there are some things you should know about your Social Security rights:

  • Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) exist to help people who are unable to earn sufficient income.
  • If you have been hurt in a workplace accident, you may be eligible for both workers’ compensation and Social Security Disability.
  • Having your disability claim denied is not the end of the process. You still have options available to help you get the benefits you need.

JacksonLaw is here to educate you. We will take the time to explain everything you need to know about Social Security disability benefits.

Depending on your situation, you may be eligible for Disability Insurance Benefits (DIB) or Supplemental Security Income (SSI). What’s the difference? DIB is a program designed to provide support to people who cannot work due to a permanent disability, but have previously earned income and paid Social Security taxes long enough to meet the work credit requirements established by the Social Security Administration. SSI is a need-based aid program designed to provide a supplemental income to aged, blind, or disabled individuals with low levels of monthly income and other financial assets.

The Social Security law provides a limited time to seek DIB benefits, known as your “period of insurability” or your “date last insured (DLI).” If you don’t file within that timeline, you may be denied benefits (there is no Statute of Limitations on an SSI claim). So, as soon as you become disabled, call JacksonLaw for help. If you’ve already filed an initial application and your claim was denied, we can submit an appeal to have your case reviewed at an administrative Hearing. There are specific time limits in which to file an appeal of the initial denial. Additionally, we need to submit all of your supporting information to an administrative law judge for review. We will do everything we can to speed up the process so your benefits start as soon as possible. But no matter how soon you file, after becoming disabled, you should know that disability benefits won’t begin until the sixth full month of entitlement to benefits.

According to the Social Security Administration, a “disability” can be physical, emotional, or a combination of both. In order to obtain benefits, you must prove your disability is severe enough to keep you from working in any paying job for at least twelve consecutive months. Factors that influence the legal finding of disability are the claimant’s age, education, work experience, compliance with medical treatment, daily activities and the kind and extent of treatment.

To determine if you are disabled, the Social Security Administration asks five questions:

  1. Are you working?
  2. Is your condition severe?
  3. Is your condition found in the Administration’s list of disabling impairments?
  4. Can you do the work you did previously?
  5. Can you do any other type of work?

 


Contact Us for a Free Consultation

Contact us or call us at 570-421-1066 or 610-954-9801. A lawyer from our firm will be happy to talk your situation over with you and explain what options you have available.

No Fee Unless We Get Results for You

We handle all Social Security Disability cases on a contingency basis. We do not charge a fee unless we are able to get benefits for you.

We are committed to doing right by people who are unable to work due to illness or injury. You can be certain that we are ready to give your case the attention it deserves. Your case is important to us and we will provide it with the attention it deserves: direct attention from a trusted and experienced attorney.

We will stand by your side at all points of the process. Whether you have questions about your initial application for Social Security Disability or you have been denied, you can turn to us.

We can help people who have suffered any type of illness or injury, including an on-the-job injury.

To schedule a free consultation with one of our dedicated lawyers, contact us or call us at 570-421-1066 or 610-954-9801.