If you have been injured on the job, either by accident or deliberate attack, you need a PA workers compensation lawyer who can help you gain fair compensation and speed up the process. Many Pennsylvania Workers’ Compensation claims are initially denied and appeals rejected. The process must be followed in a timely manner for approvals, and you need proper documents. This process is difficult and the help of experienced PA Work Injury Attorneys at ARM Lawyers, is extremely valuable.
Our attorneys have over 100 years combined experience helping our clients solve problems that occur when they attempt to obtain Pennsylvania Workers Compensation and other benefits. We have in-depth knowledge of the state system that provides monetary compensation for wage losses and medical expenses to workers who are injured on the job. There are critical time limits involved when you apply for these benefits; miss the deadline and you could be ineligible for Workers’ Compensation.
Award Winning PA Workers Compensation Attorney
At ARM Lawyers, our PA workers compensation attorneys are dedicated to helping people get the benefits they deserve. With more than 100 years of combined experience, we do more than just help our clients understand the law. We will provide you with the confidence you need to find solutions, get back on your feet and start planning for a better financial future.
Attorney Joshua B. Goldberg has over 17 years experience handling personal injury and Pennsylvania Workers’ Compensation claims. Attorney Goldberg has been named a Super Lawyer for his work with the injured. He was also a member of The National Trial Lawyers Top 40 Under 40 and as one of the 10 Best Personal Injury Attorneys for Client Satisfaction in Pennsylvania by the American Institute of Personal Injury Attorneys.
Perhaps more notably, Attorney Goldberg was honored as a member of National Association of Distinguished Counsel, which identifies the top 1% of all attorneys in each state in any given year.
In our work with clients who need a PA workers compensation lawyer, we have gained a fine reputation of success. Our clients benefit from putting the Strong ARM of the Law on their side, as we pursue often complex issues for obtaining those benefits. We care about our clients, treating each case with the individual attention it and our clients deserve.
We have handled countless PA workers compensation claims. As a result, we know the system. We can help.
Getting the process started with a PA workers compensation lawyer
Curious about starting the workers compensation process, but not sure where to start? You’ve come to the right place. We know how hard it is when you’re injured. The process can be scary. Dealing with the workers compensation insurance company is a nightmare. That’s why we try to make the process as easy as possible so you have one less thing to worry about. We deal with the insurance company for you so that you don’t have to.
If you’re looking for general information, we have a few great resources for you. To start, Attorney Goldberg offers his book, “The Essential Workers Compensation Survival Guide“, for FREE, just by requesting a copy. As part of the ARM Yourself With Knowledge series, this guide aims to help you navigate the workers compensation process.
If you would like to discuss your personal situation or if we didn’t answer your specific questions in our book, just give us a call and we’d be happy to discuss your case. Our consultations are completely free so you have nothing to lose. If you’d prefer to e-mail us, just click here for a free consultation.
Are Workers’ Compensation benefits taxable in Pennsylvania?
Workers’ compensation benefits are not taxable at the state or federal levels. This makes workers compensation benefits an invaluable part of any strategy when you are injured. Other benefits available to you may be taxable. For example, long term disability benefits and Social Security disability benefits can be taxed. If you employ the wrong strategy, you may overpay your taxes!
So why isn’t workers’ compensation usually taxed? Workers’ comp is not usually taxed because it receives funding under the Pennsylvania Workers’ Compensation Act. Funding is received due to work-related illnesses or if injuries are tax exempt, or fully exempt from tax. These non-taxed benefits include payments to family members of survivor’s who suffered a work-related injury.
When you’re injured, you need a PA workers compensation lawyer who can properly advise you on the tax consequences of each and every program available to you.
What forms are required for a PA Workers’ Comp case?
There are a variety of possible Petitions that can be filed and are filed be either you or your employer and/or its insurance company, depending on the situation.
Your PA workers compensation lawyer would likely file one of the following petitions to start your case:
- Petition to Review Medical Treatment or Billing: This particular form is used when medical bills are not being paid.
- Petition to Modify Compensation Benefits: You would utilize this Petition where you are alleging that you are not receiving the proper amount of Workers’ Compensation benefits.
- Petition to Review Compensation Benefits: This petition is used where your injury has not been properly described on the Notice of Compensation Payable or Notice of Temporary Compensation Payable. A Review Petition is also appropriate where your Average Weekly Wage or compensation rate have been improperly calculated.
- Petition to Reinstate Compensation Benefits: This form is used in a circumstance where you have returned to work, but again need to miss work due to the work injury. It is basically a request to re-instate or restart your wage loss benefits.
- Petition for Penalties: This is used where it is alleged that your employer and/or its insurance company have done something wrong or illegal in the handling of your claim. A Judge can award a penalty up to 50% of any unpaid amount due.
You should not be filing any of these petitions alone. The workers compensation process is complicated enough. You need a PA workers compensation lawyer who can help you navigate the process.
What is average weekly wage?
Your Average Weekly Wage will be calculated by your employer and/or its insurance company, which is a backwards looking calculation based upon your earnings prior to the work accident. That figure is then converted into a compensation rate, which is the amount you will receive. The calculation of the compensation rate depends entirely upon your Average Weekly Wage. The thresholds vary from year to year. The operative figures from 2017 through 2019 are below.
Based upon the above, for an injury that occurs/occurred in 2019, if you earn $1,573.51 a week or above, you will be entitled to the maximum compensation rate, which is $1,049.00 for 2019. If your weekly earnings are between $786.76 and $1,573.50, you will receive 2/3 of your gross pay. If you earn between $582.78 and $786.75 a week, you will receive a flat rate of $524.50. Finally, if your weekly wages are $582.77 or less, you will receive 90% of your wages. Please keep in mind that these calculations are based upon your gross wages; not net.