How To Choose Your Workers' Compensation Claimant Attorney

Injuries to employees are likely to occur in any organization or business. When such injuries occur, workers will often look to their employer or the company they work for to pay their lost wages and medical expenses that arise as a result of the injury. These benefits are referred to as workers’ compensation benefits. In Pennsylvania, the law is very clear that employers must carry workers’ compensation insurance coverage for their injured workers.

Just because a worker suffers a work injury does not mean that the employer and/or their workers’ compensation insurance carrier will readily agree to accept the injury. Even when an injury is accepted, there is always the certainty that the extent of the disability will be questioned and/or challenged eventually. When those challenges come in the form of the employer and/or the workers’ compensation carrier wanting to stop wage loss and/or medical benefits, this is when you need legal representation from a qualified workers’ compensation claimant’s attorney. This is the attorney for the injured worker. The attorney for the employer and their workers’ compensation carrier is referred to as Defense Counsel.

A workers’ compensation Claimant Counsel must be an individual who is well versed in this field, with the complete academic qualifications required and the necessary experience to ensure quality representation of the injured worker. They should also have adequate knowledge of the workers’ compensation rules and regulations set forth by the Pennsylvania Legislature. Pennsylvania recently offered certification in the field of workers’ compensation to attorneys who practice in this field, with certain rules to apply for and test for that certification. It is important to remember that all injured workers are entitled to legal representation.

Some employers are reluctant to readily accommodate the needs of workers who have suffered a work injury, and it is during this time that workers need legal help to retain or obtain both wage loss and medical benefits. Often, after a claim is accepted, the injured worker may be able to enter into a lump sum settlement to resolve that claim. It is important to keep in mind that some employers require that the injured worker resign their employment if they settle their workers’ compensation claim. Reasons for requiring resignation may include viewing the employee as a liability, wanting to prevent discussion of the settlement amount, or feeling that if they provide the injured employee with a lump sum of money, they do not want to continue providing ongoing employment, which may include benefits such as health care and 401K accounts.

It is always best to contact a workers’ compensation claimant attorney, no matter what stage your particular situation is in. You need to know where you stand, what benefits you may be eligible for, and how to keep those benefits from being stripped away. Workers’ compensation injuries can be life-altering, and can affect not only you as the injured worker, but your family as well.