As I indicated in our first blog post, we will be discussing a variety of topics that will be of interest to Pennsylvania injured workers so I thought it would be a good idea to provide readers with an overview of our firms practice areas. Kunkel & Fink, LLP is not a general practice law firm. We do not handle divorces, wills and estates or real estate transactions. Rather, we focus our practice on just four main practice areas: workers' compensation, social security disability, employment rights and personal injury. This post will provide a brief overview of our workers' compensation practice.
Workers in Pennsylvania are injured in workplace accidents on a daily basis. According to the Pennsylvania Bureau of Workers' Compensation, Pennsylvania employers reported a total of 108,979 injuries during the 2005-2006 fiscal year alone. For the vast majority of individuals injured at work, the Pennsylvania Workers' Compensation Act provides the only means of recovering compensation for workplace injuries against an employer. Under the Workers' Compensation Act, an employee need only prove that he was employed and was injured in the course of his employment and that his injury was related to his work to be covered under the Workers' Compensation Act. Consequently, the injured worker need not prove that he was injured due to the negligence of the employer or a co-worker. The injured worker, however, is typically limited to collecting two-thirds of his lost wages for any time that he or she misses from work and reasonable and necessary medical expenses related to the injury.
The Pennsylvania Workers' Compensation Act establishes an entire administrative process for adjudicating disputed workers' compensation claims. A claim is initiated when the injured worker (known as the "Claimant") or the employer/insurance carrier files a petition with the Bureau of Workers' Compensation in Harrisburg, Pennsylvania. The petition is then assigned to the nearest Workers' Compensation Judge is located nearest to the employee. Hearings before a WCJ are not as formal as a trial before state court judge; however, the Workers' Compensation Judges take testimony and review medical evidence when deciding a disputed claim. Our firm regularly represents injured workers at hearings before Workers' Compensation Judges sitting in Uniontown, Washington, Greensburg, Pittsburgh, Butler and New Castle, Pennsylvania. Although each case is different, some of the tasks that we preform include interviewing you and any witnesses, gathering all of your relevant medical records, working with your doctor to obtain a narrative report, presenting testimony at hearing, and cross-examining the employer witnesses. Perhaps even more importantly, we regularly provide guidance and advice to injured workers before any petitions are filed so that our clients are in the best possible position to defend their right to ongoing benefits or to have their work injury recognized.
I know from experience that dealing with the workers' compensation system can be frustrating and intimidating for injured workers and their families. Employers and insurance claims adjusters know how the system works and will use that knowledge to their advantage. That's why I believe that it is important for injured workers to have some basic knowledge of their rights and to call for legal advice as soon as they are injured at work. If you have any questions about your rights to Pennsylvania workers' compensation benefits, please e-mail our office or call for a free evaluation of your claim.
