Best Workers’ Compensation Lawyers Philadelphia, PA Of 2024

• Christy Adams
• Kajal Alemo
• George J. Badey, III
• Halmon L. Banks, III
• Geoffrey W. Dlin
• Michael G. Dryden
• Lisa D. Eldridge
• Robert A. Huber
• Jason Krasno
• Todd A. Lasky

Pennsylvania’s workers’ compensation system serves as a financial safety for employees encountering on-the-job injuries or illnesses. Whether it’s a construction worker sustaining a fall from a ladder, an office employee developing carpal tunnel syndrome from repetitive tasks or a factory worker experiencing a machinery-related accident, this no-fault system ensures their medical expenses are covered and that they’re compensated for their wage loss.

In the following sections, we cover your workers’ comp rights as an employee, the benefits you’re entitled to, the process of filing a claim and the invaluable role a workers’ comp attorney can play in your case.

Who Is Protected By Workers’ Compensation Laws in Philadelphia, PA?

Pennsylvania’s workers’ compensation system serves a dual purpose: it ensures that employees injured on the job have their medical expenses and lost wages covered, and it protects employers from being directly sued by their employees for these injuries.

However, while the system covers a wide range of employees, certain groups are exempt from workers’ comp coverage. Here’s an overview of who is included and who is excluded under these laws.

Covered Workers

Excluded Workers

Full-time employees Part-time employees Temporary workers Seasonal workers

Agricultural workers who work less than 30 days or earn under $1,200 per year from one employer Railroad workers, longshoremen, shipyard and harbor workers, federal employees and workers who are covered by other types of workers’ comp acts Sole proprietors or general partners Domestic servants Employees who have requested exemptions due to their religious beliefs or executive status in corporations Volunteers

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Workers’ Rights Under Philadelphia, PA Workers’ Comp Laws

The workers’ compensation system affords employees several rights. Knowing what they are is important to ensure you secure all benefits you’re entitled to.

• Wage-loss benefits. If you’re fully or partially disabled and earning less than your pre-injury wage, you’re entitled to about two-thirds of your average weekly wage, subject to a maximum limit. You must be disabled for more than seven days to start receiving workers’ comp payments.
• Death benefits. Dependents of a worker who dies from a work-related injury are entitled to benefits.
• Specific loss benefits. Permanent loss of function in body parts like thumbs, fingers, hands, arms, legs, feet, toes or hearing entitles you to a specific loss award, regardless of your ability to work post-injury.
• Medical expenses. Costs for emergency treatment, ongoing care, surgery or rehabilitation due to work-related injuries are covered.
• Choice of healthcare provider. You have the right to seek medical treatment from any provider for emergency treatments.For non-emergency injuries and illnesses, you have the right to choose your own healthcare provider unless your employer has provided a list of six or more healthcare providers. If so, your first visit must be with any provider from that list. You have the right to continue treatment with that provider or another provider from the list for 90 days following your first visit.If the healthcare provider advises invasive surgery, you’re entitled to a second opinion from any provider. However, the subsequent treatment must still be from a provider on the list for 90 days after your visit with the second provider.After 90 days, or if no appropriate list is provided, you can seek treatment from any physician or healthcare provider. But you have to notify your employer of your choice.

Filing Process for Workers’ Compensation in Philadelphia, PA

If you sustain a work-related injury or illness, you have to inform your employer immediately. This notification should be given to your supervisor, manager or the HR department, either verbally or in writing. It’s important for you to clearly state that the injury or illness occurred as a result of your work activities.

Time Limits for Your Workers’ Compensation

• You must provide notice of your injury within 21 days of its occurrence if you want to receive retroactive benefits from the day when you filed the claim.
• You can still give notice within 120 days of the injury. But if you provide notice after 21 days, your workers’ comp and wage loss benefits will begin on the day you give this notice.
• If you have sustained an occupational disease due to exposure in your workplace, for example, asthma, musculoskeletal disorder or carpal tunnel, you must notify your employer within three years from the date of injury or disability.

Your Employer’s Reporting Responsibilities

• Your employer must file a First Report of Injury with the Bureau of Worker’s Compensation within 48 hours in case of a fatal injury and within seven days for all other injuries that result in disability that lasts more than a day or shift.

Response from Your Employer or Insurer

• Within 21 days of receiving your injury notification, your employer or insurer must either accept liability and start the compensation process or issue a denial.

Filing Your Claim Petition and the Appeal Process

• You have up to three years from your injury to file a claim petition.
• Your case will be assigned to a Workers’ Compensation Judge (WCJ), who will schedule and conduct a Workers’ Comp Hearing.
• After the hearing, the judge might recommend mediation. If that doesn’t lead to a resolution, the parties involved could request a settlement conference with the WCJ.
• Once your case is concluded, the WCJ will provide a written decision for you.

Your Appeals Process

• You can file an appeal with the Workers’ Compensation Appeal Board within 20 days of receiving the judge’s decision.
• You can further appeal to the Commonwealth Court within 30 days following the Appeal Board’s decision.
• You can file a final appeal with the Pennsylvania Supreme Court within 30 days of the Commonwealth Court’s decision.

Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Philadelphia, PA

If Pennsylvania’s Workers’ Compensation system denies your claim or you are exempted from coverage, you still have other avenues to explore for financial assistance.

• Appeal the denial. If your workers’ compensation claim is denied, you can file a claim petition with the Pennsylvania Bureau of Workers’ Compensation within three years of the injury or from the date you discovered your work-related illness. Upon filing, a hearing will be scheduled before a workers’ compensation judge, where you can present evidence supporting your claim.If the judge’s decision is unfavorable, you can escalate the matter by appealing to the Workers’ Compensation Appeal Board for further review. You can further appeal to the Commonwealth Court and, ultimately, the Pennsylvania Supreme Court if necessary.
• Employment lawsuit. In most workers’ comp cases, the law prevents you from suing your employer. However, if your injury resulted from your employer’s egregious action or intentional harm, you might have legal grounds to file a personal injury lawsuit against them for damages.
• Third-party lawsuit. If your injury was caused by a third party’s negligence (someone other than your employer), you could file a personal injury lawsuit against that party. For example, if you sustained an injury at work due to a faulty product, you may be able to sue the product’s manufacturer for damages.

You may also qualify for federal disability or unemployment benefits if your claim is denied or you aren’t covered under workers’ comp. An attorney who specializes in workers’ compensation will be able to inform you of your options.

Pennsylvania’s no-fault workers’ compensation system means you don’t have to prove fault if you’re injured at work. But still, claims can be denied for various reasons—employers might question the validity and severity of the injuries, or they might claim that it happened outside of work.

A workers’ comp attorney can help increase the chances of your claim’s approval by strategically addressing these challenges. Here are some ways a workers’ comp attorney can benefit your case:

• Fill out the paperwork and file your claim within the deadline
• Gather various types of evidence to strengthen your claim
• Negotiate with the insurer until a fair workers’ comp settlement is reached
• Appeal a denial
• Represent you in a workers’ comp hearing or trial
• Advise you on any third-party claims, if applicable in your case
• Communicate with all parties involved on your behalf

Hiring a reputable attorney is crucial for securing the approval of your claim and ensuring you receive the full benefits commensurate with the losses you’ve suffered. Consider the following factors when selecting your lawyer:

• Experience. You want an attorney who has spent years specifically handling claims within Pennsylvania’s workers’ compensation system. An experienced attorney can effectively thwart any attempts by your employer and insurance company to deter you from securing the maximum compensation for your case.
• Communication. Choose a lawyer who communicates clearly and regularly. Your attorney should be adept at breaking down legal jargon into simple language and proactively informing you about your case progress.
• Performance. Browse the case results section on their websites to evaluate the attorney’s track record of success in Pennsylvania workers’ compensation cases. Assess their effectiveness in securing fair settlements and winning hearings or appeals. Also, review their client testimonials and any recognitions or awards they have received in Pennsylvania for their workers’ compensation law expertise.

To come up with the best workers’ comp lawyers in Philadelphia, 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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