Best Work Injury Lawyers in Scranton

About Work Injury Law in Scranton, United States

Work injury law in Scranton, United States, falls under the broader umbrella of workers' compensation laws. These laws are designed to protect workers who are injured on the job by providing them with financial support and medical care. In Scranton, as in other parts of Pennsylvania, employers are required to carry workers' compensation insurance unless certain exceptions apply. This insurance covers a variety of on-the-job injuries and illnesses, providing benefits such as wage replacement, medical treatment, and rehabilitation support. Understanding your rights and responsibilities under these laws is crucial for anyone who experiences a work-related injury.

Why You May Need a Lawyer

There are several situations where seeking legal advice from a work injury lawyer in Scranton may be beneficial:

• If your workers' compensation claim is denied or disputed.
• If you experience retaliation from your employer after filing a claim.
• When there are complexities in your case, such as third-party claims or severe injuries.
• If you receive inadequate compensation or your benefits are delayed.
• When permanent disability or long-term medical care is involved.
• If you are unsure of your rights or need guidance through the legal process.

Local Laws Overview

Pennsylvania's Workers' Compensation Act governs work injury cases in Scranton. Key aspects include:

• Employer Obligations: Almost all employers must carry workers' compensation insurance. Exceptions exist for certain industries and small businesses.
• Injury Reporting: Employees must report any work-related injury to their employer within 21 days to ensure they receive benefits from the date of the injury.
• Medical Treatment: Employers can direct medical care for the first 90 days, provided they supply a list of at least six designated healthcare providers.
• Compensation Benefits: Benefits may include medical expenses and partial wage replacement. These are typically calculated as two-thirds of the employee's average weekly wage, subject to state maximums.
• Claim Appeals: If a claim is denied, there is an appeals process that starts with filing a claim petition with the Pennsylvania Workers’ Compensation Office of Adjudication.

Frequently Asked Questions

What should I do immediately after a work injury?

Report the injury to your employer as quickly as possible, seek medical attention, and document everything.

How long do I have to file a workers' compensation claim in Scranton?

In Pennsylvania, you have up to 120 days to report the injury to your employer and three years to file a claim petition with the workers' compensation board.

Can I choose my own doctor for treatment?

During the first 90 days, you must see a doctor from your employer's list of designated providers. After that, you may choose your own doctor.

What types of injuries are covered by workers' compensation?

Injuries or illnesses that occur due to work-related duties are generally covered, ranging from acute injuries like fractures to chronic conditions like repetitive strain injuries.

Are independent contractors eligible for workers' compensation?

Typically, independent contractors are not covered under traditional workers' compensation insurance, but there may be exceptions based on specific circumstances.

Can I be fired for filing a workers' compensation claim?

It is illegal to fire someone in retaliation for filing a workers' compensation claim. If you believe you have been retaliated against, contact a lawyer immediately.

What if my claim is denied?

You have the right to appeal the decision. It's recommended to consult with a work injury lawyer to navigate the appeals process effectively.

Will workers' compensation cover all my wage losses?

Workers' compensation in Scranton typically covers about two-thirds of your average weekly wage, subject to state maximum limits.

How are worker's compensation benefits calculated?

Benefits are generally two-thirds of your average weekly wage, calculated using your earnings before the injury. State law specifies minimum and maximum amounts.

Can I sue my employer for a work-related injury?

In most cases, workers' compensation is your sole remedy, meaning you cannot sue your employer. However, you may have a third-party claim if another party contributed to your injury.

Additional Resources

The following resources can be helpful for individuals seeking assistance with work injury claims in Scranton:

• Pennsylvania Department of Labor and Industry - Workers' Compensation Page
• Pennsylvania Workers' Compensation Office of Adjudication
• Local legal aid organizations such as North Penn Legal Services
• Community resources like the Greater Scranton Chamber of Commerce for business referrals
• Non-profit organizations focused on worker rights and advocacy, such as the Pennsylvania Student Power Network

Next Steps

If you need legal assistance with a work injury in Scranton, you may want to consider the following steps:

1. Consult a Lawyer: Contact a work injury lawyer who specializes in workers' compensation in Scranton. Many offer free initial consultations.
2. Gather Documentation: Collect all relevant documents, including medical records, accident reports, and correspondence with your employer.
3. Filing a Claim: Ensure your claim is properly filed within applicable deadlines and includes all necessary information.
4. Follow Up: Monitor the progress of your claim and maintain open communication with your lawyer for updates and advice.
5. Consider a Consultation: Seek a consultation with an attorney to understand your rights fully and explore all available options.

Taking these steps can help safeguard your interests and ensure you receive any benefits to which you are entitled under the law.