Understanding Workers' Compensation

If you are injured on the job and cannot return to work because of your injury - whether temporarily or permanently - you can seek benefits through the Workers' Compensation system.

2012-07-27

PHILADELPHIA, PA, July 27, 2012 (Press-News.org) If you are injured on the job and cannot return to work because of your injury - whether temporarily or permanently - you can seek benefits through the Workers' Compensation system. Under employment law, Workers' Compensation is designed to protect both employees and employers by providing financial relief to injured workers without the need for a lawsuit.

Are You Eligible for Workers' Compensation?

Workers' Compensation law is complex, but in most cases, your eligibility depends on whether or not your injury was work-related, and if you can return to the same work you performed before your injury. An experienced Workers' Compensation attorney can help you determine whether or not you qualify, and what is required to obtain your benefits.

Filing for Workers' Compensation

Providing thorough, accurate information is essential when you are filing for Workers' Compensation benefits. Medical records, diagnoses, medical bills, doctor's notes, and any other relevant documentation can help you push your case through when it counts. If you have been denied Workers' Compensation benefits and are now going through the appeals process, you may need another medical opinion about your condition.

In both appeals and initial filings, your chances of securing compensation are much greater if you have legal representation. An attorney will know the law inside and out and be prepared to discuss any obstacles along the way, helping you construct a claim that meets every requirement the Workers' Compensation system proposes.

The other major benefit of having an attorney is that your Workers' Compensation agency will send your claim immediately to a magistrate and schedule it for trial, instead of assigning it to mediation.

Third-Party Negligence Claims

If your work-related injury was caused by a third party's negligence (i.e. someone other than your employer or another co-worker), you can potentially file a personal injury lawsuit to recover additional compensation beyond what is offered by Workers' Compensation. Through a third-party negligence claim, you can recover damages for:

- Pain and suffering
- Disfigurement
- Income losses not covered by Workers' Compensation

For example, if your injury was caused by a piece of defective equipment that was provided by another company, you can bring a third-party negligence claim against that external company. However, you must be able to prove that your injuries were directly caused by the third party's negligence or recklessness.

If you would like more information about Workers' Compensation, please visit the website of the experienced Philadelphia employment lawyers at Atlee Hall, LLP today at www.atleehall.com.

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