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Were you involved in an industrial accident? If so, you may have rights to compensation. Our Philadelphia attorneys have over 22 years of experience in personal injury law. Call the Law Offices of Daniel P. Hartstein today for a free consultation.
Industrial accidents occur on a job site. They can include accidents, exposure to toxic chemicals, explosions, fires, or a roof collapse at a construction site, chemical plant, factory, or warehouse.
In 2009, the construction industry had over 7,300 work-related injuries, and the manufacturing industry had over 11,000 injuries. The trade, transportation, and utilities industry had over 21,000 workplace injuries also in 2009.
Workers’ compensation is a type of insurance that protects workers in the event of an industrial accident. Workers are covered by workers’ compensation insurance from the date of hire, and employers must provide workers’ compensation insurance for seasonal and part-time employees as well.
If you have been involved in an industrial accident, your employer must be notified within 21 days. If your employer is not notified, you may lose your right to workers’ compensation benefits. An experienced workers’ compensation attorney can help ensure you meet all the crucial deadlines required by workers’ compensation law.
Workers’ compensation benefits may include lost wages, death benefits, specific injury benefits (e.g., for the loss of a finger), and medical care. Under the state’s workers’ compensation laws, you may be considered partially or totally disabled. Partially disabled means you are able to return to work in some capacity. In the event that you become partially disabled, your benefits are available for a maximum of 500 weeks. Totally disabled means you are unable to return to work. Once you are totally disabled for 104 weeks, you may be required to undergo a medical examination, to determine if you have at least a 50 percent impairment under American Medical Association guidelines.
In some cases, the employer or insurance company may dispute your industrial accident claim and file a petition with the Workers’ Compensation Office of Adjudication. There are several types of petitions that may be filed, including disputed claims, termination of benefits, suspension of benefits, modification of benefits, medical review, and settlement of claims. Once a petition is filed, an answer must then be filed. The Workers’ Compensation Office of Adjudication then schedules a hearing. Although postponements may be granted after a written request is submitted, the hearing is an important stage and employees should make every effort to attend the scheduled hearing. Evidence is presented at the hearing, and you may have to testify, depending on the type of petition that has been filed. The decision is usually rendered in writing at some point in time after the hearing.
Employees who’ve been injured in workplace accidents may also be able to settle their claim, which an experienced attorney can help navigate. Although employees are allowed to represent themselves in workers’ compensation matters, it is a complex area of the law. Hiring a personal injury attorney who’s experienced in the litigation of industrial accidents can help you resolve your claim in the most efficient manner.
If you have been injured in an industrial accident, please contact our Philadelphia office today for a free consultation. Our attorneys may be able to take your case on a contingent fee basis. The Law Offices of Daniel P. Hartstein are here to assist you with your workplace accident injury claim.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney client relationship.
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