Many injured workers find themselves confused by the workers’ compensation system and unsure of their rights. At Lamb McErlane we will make certain you are fully informed of the process and that you know what benefits are available to you.
While you are trying to recover from your work related injury and focusing on returning to work, the last thing you need is aggravation and pressure from your employer and its’ insurance carrier.
Lamb McErlane has an outstanding reputation working with the insurance companies to obtain the compensation you deserve. We are experienced in protecting the rights of injured workers in Pennsylvania. We will get you the benefits you deserve – and protect the benefits you are already receiving.
An employee injured in Pennsylvania is often unable to return to his or her regular job with the employer because of the severity of the work injury. If you have been injured at work and are receiving workers compensation disability benefits, it is likely that at some point the employer will attempt to suspend or modify those benefits.
It is important that you have an attorney to represent you when the insurance company attempts to stop or decrease your workers compensation benefits.
Lamb McErlane will give you a free no-obligation consultation. Contact workers compensation attorney John J. Stanzione today to discuss your rights under the law and give us the opportunity to protect any disability benefits to which you are lawfully entitled.
John J. Stanzione, email or 610.701.4415
Workers Compensation & Personal Injury Attorney – West Chester, PA
Practicing Attorneys
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FAQs
What Happens if you are Injured at Work?
What Happens if you are Injured at Work?
If you are injured at work you are entitled to certain benefits pursuant to Pennsylvania’s Workers Compensation Act.
These benefits include payments for loss of wages that you suffer as a result of the work injury (disability benefits) and payment of your medical expenses for treatment of the work injury (medical benefits).
Obtaining these benefits can be difficult and if you are injured at work you should contact our law firm immediately to assure that you receive the benefits to which you are entitled.
John J. Stanzione of Lamb McErlane PC has been representing injured workers for thirty (30) years and has successfully obtained wage loss benefits and medical benefits for hundreds of injured workers.
For more information contact Workers Compensation attorney John J. Stanzione , email or 610-430-8000.
Who Pays Workers Compensation Benefits to you?
Who Pays Workers Compensation Benefits to you?
Employers in Pennsylvania are required to carry workers compensation insurance, or have qualified self-insurance plans, for employees. The workers compensation insurance company provides the disability benefits and medical benefits to which an injured worker is entitled.
For more information contact Workers Compensation attorney John J. Stanzione , email or 610-430-8000.
What Happens if the Employer Refuses to Pay Workers Compensation Benefits?
What Happens if the Employer Refuses to Pay Workers Compensation Benefits?
If an employer/workers compensation insurance company refuses to recognize your work injury and pay appropriate benefits to you, then a lawyer can assist you with filing the necessary legal documents to force the employer/insurance company to pay such benefits.
The legal process starts with the filing of a petition with the Pennsylvania Bureau of Worker’s Compensation. Once the petition is filed, the petition will be assigned to a workers compensation judge for hearings. You, as the injured worker, will testify about what happened to you at work, the injury that you suffered, and the medical treatment that you receive as result of the injury. Likewise, a medical doctor will testify regarding the nature of the injury that you suffered and the need for medical care and treatment.
The legal process can be difficult and you should not participate in the legal process without a qualified attorney experienced in workers compensation law.
For more information contact Workers Compensation attorney John J. Stanzione , email or 610-430-8000.
What Happens if you are Currently Receiving Workers Compensation Benefits but the Employer wants to Stop Those Benefits?
What Happens if you are Currently Receiving Workers Compensation Benefits but the Employer wants to Stop Those Benefits?
There are many ways that an employer may try to stop the workers compensation benefits that you are receiving. The employer may hire a doctor to examine you and that doctor may indicate that you have fully recovered from your work injury. That doctor may also say that you have partially recovered and can return to some type of work. If this happens, the employer will likely start the legal process to have your workers compensation benefits ended. You have rights and protections under the Pennsylvania Worker’s Compensation Act. If an employer is attempting to stop your benefits contact John J. Stanzione,Esq. email or 610-430-8000.
Can I Return to Work and Still Receive Workers Compensation Benefits?
Can I Return to Work and Still Receive Workers Compensation Benefits?
If your injury prevents you from returning to work but you can perform some type of work for the employer, then Pennsylvania law permits you to return to work and receive partial disability payments as long your new job pays less than what you were earning at the time of your injury. For more information contact Workers Compensation attorney John J. Stanzione , email or 610-430-8000.
What is Light Duty and how does it affect my Workers Compensation Benefits?
What is Light Duty and how does it affect my Workers Compensation Benefits?
Light-duty work is a job which you may be physically capable of performing despite your work injury and is offered to you by your employer. If you are physically capable of performing a light-duty job and you refuse to return to a light-duty job offered to you by the employer, then you may forfeit any workers compensation disability benefits to which you may be entitled.
Before refusing to accept a light-duty job offered to you by the employer, you should contact an attorney. Not all light-duty jobs pay the same wages that you were earning at the time of your injury and you may still be entitled to workers compensation partial disability benefits even though you have returned to work in a light-duty job.
If an employer offers you a light-duty job it is important to contact an attorney to discuss the options, as your response to a light-duty job offer may affect your workers compensation benefits.
For more information contact Workers Compensation attorney John J. Stanzione, Esq.,email or 610-430-8000.
Can I Settle my Workers Compensation Case?
Can I Settle my Workers Compensation Case?
Whether you are currently receiving workers compensation benefits or are in the middle of legal proceedings to obtain such benefits, you have the right to settle with your employer and its workers compensation insurance company.
In a settlement, the workers compensation insurance company pays you a lump sum amount of money in exchange for you releasing the insurance company and the employer from any further responsibility for your work injury.
In accepting a settlement, you agree that the employer and the workers compensation insurance company will no longer be responsible for paying your medical bills and no longer responsible for paying benefits for any wage loss that you suffered as a result of the work injury. The lump sum amount is designed to compensate you fully for all past and future wage loss benefits and medical benefits to which you may be entitled as result of your work injury.
You should not settle your workers compensation case without consulting with an experienced workers compensation attorney. For more information contact Lamb McErlane Workers Compensation attorney John J. Stanzione, Esq.,email or 610-430-8000.
How long can I receive Workers Compensation Benefits?
How long can I receive Workers Compensation Benefits?
If you do not settle your workers compensation case, then the workers compensation insurance company is responsible for paying for reasonable and necessary medical treatment for your work injury for the rest of your life, unless the employer and insurance company can prove that you are fully recovered from your work injury.
Likewise, you are entitled to continue to receive disability benefits until you are either fully recovered from this work injury, you return to work at a job that pays the same wages you were earning at the time of your injury, or the employer and the workers compensation insurance company can prove that you are capable of earning the same wages that you were earning at the time of your injuries.
However, most employers and insurance companies do not allow injured employees to remain on workers compensation for long. At some point, the employer and insurance company will attempt to terminate your workers compensation benefits or to settle your case. If that happens, you should contact Lamb McErlane PC Workers Compensation attorney John J. Stanzione, Esq.,email or
610-430-8000 to make sure that your rights are protected.
What other Benefits are Available to me if I am Injured at Work?
What other Benefits are Available to me if I am Injured at Work?
If the injury that you suffer at work results in hearing loss, loss of sight or the loss/amputation of a body part, you may be entitled to benefits known as specific loss benefits. Specific loss benefits are paid for loss of hearing, loss of sight were the amputation of a body part regardless of whether you missed time from work or required medical treatment. The Pennsylvania Worker’s Compensation act specifically provides special benefits to those who, as result of a work injury, experienced loss of hearing, loss of sight or amputation of the body parts.
To determine what benefits are available to you if you have tragically suffered this of injury at work, contact Lamb McErlane PC Workers Compensation attorney
John J. Stanzione, Esq.,email or 610-430-8000.
Can you Receive Pension and Social Security Retirement Benefits while also receiving Workers Compensation Disability Benefits?
Can you Receive Pension and Social Security Retirement Benefits while also receiving Workers Compensation Disability Benefits?
Mere receipt of pension or Social Security retirement benefits does not preclude an injured employee from receiving workers compensation disability benefits. Your employer and its workers compensation insurance company may argue that by electing to receive pension benefits or retirement benefits, you have “retired” from work and thus, are ineligible for workers compensation benefits. If your employer attempts to stop your workers compensation benefits because the employer considers you to be “retired” then please contact workers compensation attorney John J. Stanzione, Esq.,email or 610-430-8000.