Workers’ Compensation Attorneys in Springfield, PA
If you have been injured at work or fallen ill due to your occupation, you may find yourself out of work for several weeks or even months. Sadly, a work injury or illness involves more than just financial and physical hardship, impacting your relationships with family and friends. To preserve your right to benefits, it is important that you report your injury within 21 days of your accident.
If you have recently had a claim denied or are experiencing a delay in receiving benefits, do not hesitate to reach out to the Springfield workers’ compensation attorneys at Schmidt, Kirifides, Rassias & Rio today.
Total Disability vs. Partial Disability Benefits
Pennsylvania workers’ compensation offers both Total disability benefits and Partial disability benefits:
Temporary Total Disability
If you have suffered an injury or contracted an illness as a result of your job that prevents you from working entirely for a certain period of time, then you may apply for temporary total disability (TTD) benefits. Benefits will retroactively apply back to your first missed day of work after you have been absent from your job for 14 days.
When an injured worker has been Totally disabled for 104 weeks, the insurance company may Request an Impairment Rating Evaluation (IRE). If the worker is more than 35% impaired, then benefits will continue. If the disability rating is lower, then your benefits will shift to partial disability. Wage loss benefits may cease after 500 weeks – at most. [Other tactics an insurance company may utilize can reduce that time period.] If the insurer does not file a timely Request for an IRE the elements they must prove are slightly different – but still based on the threshold rating of 35%.
Temporary Partial Disability
In other situations, an individual may be able to work but only with restrictions, resulting in a temporary partial disability (TPD) claim. The maximum duration for a partial disability wage loss benefits under Pennsylvania law is 500 weeks. The compensation rate is determined by mathematical formulas based on the difference between the Pre and Post injury earnings. If there is NO loss of earning before and after the injury, wage loss benefits may be suspended, but payment for necessary medical treatment must continue.
In some cases, the insurance company may offer you a lump sum settlement to forgo ongoing benefits. Once you accept a settlement, you will be barred from receiving any further benefits. Settlement offers often do not account for future medical expenses, depriving you of money in the long run. Hence, it is important you speak with experienced counsel before accepting anything.
Permanent Disability
Technically, Pennsylvania does not identify any type of disability as “permanent”, but realistically some injuries are indeed permanent. An injury resulting in the amputation or total loss of use of a body part may never heal. “Specific loss” benefits may be available for the loss of vision, hearing, limbs, fingers, toes and for certain ‘permanent’ scars or facial disfigurement.
The Pennsylvania Workers’ Compensation Act specifies the amount and duration of compensation for each body part. Additionally, if you have sustained serious or permanent scarring to the head, face, or neck, you may also be eligible to receive benefits.
Persistence in Fighting for Your Rights
If you have been injured or fallen ill in the course of your employment, our legal team is here to fight for the benefits that are rightfully due to you. At Schmidt, Kirifides, Rassias & Rio, our Springfield workers’ compensation lawyers understand the financial impact that even a minor accident can have on an individual.
If your accident has left you partially or totally disabled, the wage replacement and medical coverage that a workers’ compensation claim can offer you can help you significantly until you can get back on your feet. If you are interested in learning the full worth of your workers’ compensation case, contact us online or give us a call at (610) 892-9300 to schedule your free initial Case Review.