Workers’ Compensation Lawyer for Union Members in Pennsylvania

Union members across various industries are susceptible to suffering injuries on the job. From construction and manufacturing to healthcare and transportation, each of these industries is run by employees who put their health and well-being on the line in order to complete necessary tasks.

There are many different ways that union workers might incur work-related injuries and illnesses. If you were hurt on the job, then our legal team can help secure the Workers’ Compensation benefits you deserve. You may be entitled to a significant amount of reimbursement for the medical bills and lost income stemming from your workplace injury.

Seek help from our Certified Pennsylvania Workers’ Compensation Specialists by calling Cardamone Law today at (267) 651-7945.

What Injuries Are Covered by Workers’ Compensation for Union Members in Pennsylvania?

Most employers in our state have to provide Workers’ Compensation insurance coverage for their employees. This coverage applies to any injuries or illnesses that are sustained during the course of employees’ job performance.

Simply put, your injury or illness should be covered by Workers’ Compensation if it was incurred while tending to your duties at work.

Still, in some cases, determining whether an injury is work-related can be difficult without help from our Workers’ Compensation lawyers. For instance, if you were hurt because of a car accident sustained while driving to work, then your crash injuries will likely not be covered by Workers’ Compensation. Alternatively, if you were hurt because of a vehicle collision that happened while running errands for your boss, then you may be entitled to substantial benefits. After a free evaluation of your case, our legal professionals can determine the strength of your specific claim.

Reasons Why Workers’ Compensation Claims Are Denied for Union Members in Pennsylvania

Unfortunately, employers and their insurance companies may look for ways to reject Workers’ Compensation claims filed by injured union members. If your denial stems from any of the following, then our legal team will help file your appeal and fight for the payment you are owed:

Insufficient Documentation

You will likely need to present an array of documentation pertaining to your injury in order to recover Workers’ Compensation benefits. If this documentation is insufficient, then your claim can be denied.

There are many ways that documentation can be insufficient. For instance, you may run into problems with an insurance company if you provide inadequate medical records or an incomplete accident report. Accordingly, legal support can be crucial when building and filing your claim.

Questions Over Causation

Questions regarding what caused your injury can be highly detrimental. If your employer or their insurer can argue that your injury or illness was actually not incurred at work, then your claim may be denied.

You may need to present a great deal of evidence in order to prove that your injury or illness is work-related. For example, witness statements, photos from an accident’s scene surveillance footage, and expert witness opinions may all be utilized. The sooner you get to work on your potential claim, the more efficient the process of collecting evidence will be.

Failure to Follow Doctor’s Orders

It is imperative that you follow your doctor’s recommendations after filing a Workers’ Compensation claim. If you fail to do so, then your boss or their insurer may try to argue that you are not actually hurt.

There is a possibility that your employer’s insurance company will even hire a private investigator to follow you around after filing your claim. If the investigator catches you doing something improper, then your Workers’ Compensation benefits may be reduced or eliminated. For instance, if you incurred a debilitating back injury as a result of a fall at work and are later videotaped lifting heavy weights at the gym, then your claim will be called into question.

Failure to Report Your Injury on Time

In order to obtain Workers’ Compensation benefits related to your workplace injury or illness, you must report the injury to your boss within 120 days of the date it was incurred. Failure to report on time can result in your claim being rejected.

Also, as previously discussed, you may need to present an array of evidence to prove that your injury is work-related. If you wait too long to get started on your claim, this evidence can become difficult to collect or preserve. Therefore, you should report your injury to your employer and begin working on your potential claim as soon as possible.

Retaliation

Employers are not always thrilled to have a unionized workforce. Especially when management is facing issues with union negotiations, accusations of misconduct, or other pressure from unions, employers might try to take out frustrations on workers by unfairly denying their benefits or forcing workers to jump through additional legal hoops. If your employer is challenging you or your Workers’ Comp. benefits as retaliation, our lawyers can help fight to get you the benefits you need even against this added pressure.

How Does the Workers’ Compensation Appeals Process Work for Union Members in Pennsylvania?

If your Workers’ Compensation claim has been rejected, then you may be able to file an appeal. While the specific nature of appeals may vary from case to case, most appellants will follow the same general process.

Typically, the first step of appealing a denial of benefits will involve negotiating with your insurance company. Our attorneys may be able to reach out to your employer’s insurer to negotiate on your behalf. During these negotiations, we can clarify any misunderstandings and urge the insurer to reconsider their denial.

If negotiations with your insurance company do not prove to be successful, then you will have to file an appeal with a Workers’ Compensation judge. This step will be the first part of a transition from informal bargaining to more structured legal proceedings. Our legal team can help present a compelling case before the Workers’ Compensation judge to overturn your denial. We will gather any evidence that may be used to support your case and will work diligently to ensure that your interests are protected.

In the event that the Workers’ Compensation judge does not overturn your denial, then you may appeal yet again to the Workers’ Compensation Appeal Board (WCAB). This board will then review the decision made by the judge and consider any additional evidence to determine if the denial was proper.

Finally, if the appeal to the WCAB does not yield a favorable result, then you may appeal through the courts. However, it is unlikely that most appeals will reach this stage.

Union Members Can Contact Our Attorneys for Help After Being Hurt at Work in Pennsylvania

Seek guidance from our experienced Workers’ Compensation lawyers at Cardamone Law today by dialing (267) 651-7945.