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Greg Prosmushkin

Philadelphia Workers Compensation Lawyer

Pennsylvania has protected its workers from employer exploitation for more than one hundred years. The first Worker’ Compensation legislation was adopted in 1915. The basic premise of workers’ compensation law is that if you are injured at work, no matter who is at fault, you should be compensated for your injury if you incur medical bills and lost wages as a result of your work injury. Workers’ Compensation Law is very different from Personal Injury and other types of law because fault is not taken into account. The law states that if you have been injured during the course and scope of your employment then you have the right to be compensated for your lost wages and medical bills.


The idea is simple, however, it gets complicated. In order to be eligible for Workers’ Compensation benefits, you must suffer an injury at work and suffer from lost wages. If you are hurt at work and cannot perform your usual job, your employer can offer you a different job within your capabilities for the same salary. In that scenario you would be eligible to have your medical bills covered, but you would not be eligible for wage loss benefits because you would be making your pre-injury salary. If you are injured at work you have a duty under the law to report the injury to your supervisor within 21 days of when you learn of your injury. This may sound strange because usually it is obvious when an injury occurs. However, many times an injured worker does not know exactly when he or she got injured, particularly with a repetitive injury like Carpal Tunnel Syndrome or asbestos exposure or hearing loss. If you do not give notice of your injury within 21 days, you will not be eligible for compensation until you give notice. If you do not give notice within 120 days of the injury, you will not be entitled to any compensation no matter how serious the injury. After you give notice to your employer, you must file a Workers’ Compensation claim within three years.

Workers Compensation Lawyer Philadelphia

It is important to note that if you suffer a work injury and file a claim against your employer, you cannot also sue them for personal injury. This is known as the Exclusivity Provision of the Worker’s Compensation Act. If you were injured by faulty equipment or as a result of a third party’s negligence, you can sue the third party, but you cannot sue your employer. Compensation is based on your salary. The more you make, the more you are entitled to under workers’ compensation law. The workers’ compensation rate is about two thirds of your salary and the benefits are tax free.


It is also important to remember that your employer and employer’s workers’ compensation insurance company have experienced lawyers working for them. They know the law and are skilled at limiting the benefits an injured worker receives. If you receive workers’ compensation benefits, you will be required to undergo medical exams to determine the severity of your injury and also to determine if you are capable of returning to work. Your employer’s lawyers are very skilled at limiting the amount of compensation paid. It is important to have a skilled Workers’ Compensation Lawyer Philadelphia on your side who knows the law and can protect your interests. The attorneys at the Law Office of Greg Prosmushkin are skilled and experienced in fighting for the rights of injured workers. If you have been injured at work please call for a free consultation. There is also no fee unless we recover money for you.


This content was written on behalf of Greg Prosmushkin.