Choosing the right lawyer when you’re dealing with a work injury means finding an attorney with proven, in-depth knowledge of Pennsylvania’s workers’ compensation system, especially if you are a veteran and also need to consider your VA benefits. The best legal partner for you will be someone who not only understands these two separate and complex systems but can also guide you on how they interact, ensuring one claim doesn't negatively impact the other.
Key Takeaways for Choosing the Right Lawyer for Workers’ Comp and VA Benefits in PA
- An attorney’s credentials, such as a formal certification in Pennsylvania workers' compensation law, can serve as a strong indicator of their focused knowledge and experience.
- For military veterans, it is beneficial for a lawyer to understand how receiving workers' compensation benefits can impact VA disability payments, and vice versa.
- The correct legal procedure for challenging a denied workers' compensation claim in Pennsylvania is to file a "claim petition," not a traditional appeal.
Look for Proven Knowledge in Pennsylvania Workers' Compensation Law
When you’re hurt on the job, the path to securing benefits can feel like a maze. The laws governing workers’ compensation in Pennsylvania are highly specific, with unique rules and procedures. This isn’t an area of law for a general practitioner; you need a legal advocate who dedicates a significant portion of their practice to these exact types of cases.
A powerful indicator of this dedication is an attorney’s credentials. Some of the most committed attorneys pursue a formal certification as a specialist in workers’ compensation law. To earn this, they must pass a difficult, comprehensive exam covering every aspect of the Pennsylvania Workers' Compensation Act and prove that the majority of their work involves these claims. This certification, first offered in 2013, shows a lawyer has gone above and beyond to master their craft and stay current on the laws that affect you.
Understanding the Overlap: Workers' Comp and VA Benefits
For veterans, a work injury adds another layer of complexity. You may already be receiving VA disability benefits or be eligible for them, and it’s natural to wonder how a workers' comp claim will affect them. These two systems are separate and do not automatically coordinate with one another. Receiving a lump-sum settlement from workers' compensation, for example, could impact your eligibility for certain VA benefits.
A lawyer who understands this intersection is invaluable. They can help you understand the full picture of your financial situation and advise you on reporting requirements. An attorney who dismisses your questions about VA benefits may not be equipped to protect your all-around best interests. You deserve a representative who sees you as a whole person, not just a single case file.
A Lawyer Who Clarifies, Not Complicates, the Process
One of the most confusing parts of a workers' comp claim is often the medical treatment. You may have been told you must see a company doctor for the first 90 days. While this "90-day rule" exists on paper, it is full of exceptions and is not always enforceable.
An experienced lawyer can quickly determine if your employer has met their obligations for this rule to apply. In Pennsylvania, an employer must do all of the following:
- Provide you with a written list of at least six approved healthcare providers when you are hired.
- Give you that same written list again as a reminder after you report your injury.
- Keep the list posted in a visible, common area at your workplace, like a breakroom.
If your employer failed to do all three of these things, you are free to treat with a doctor of your own choosing from day one. Furthermore, if your claim is denied at any point, the 90-day rule no longer applies, even if it’s only been a week since your injury. A good lawyer will make sure you know your rights so you can get the medical care that is best for you, not just for your employer’s insurance company.
The Difference Between an Appeal and a Claim Petition
If you receive a letter from the insurance company denying your claim, your first instinct might be to search for how to "appeal" the decision. While that’s a common term, Pennsylvania has its own specific process. Here, you don’t file an appeal; you file a claim petition.
This is more than just a difference in words—it’s a different legal action. Filing a claim petition initiates a formal legal process before a Workers' Compensation Judge. It means you are officially challenging the denial and asking a judge to order the insurer to pay your benefits. An attorney who immediately understands this distinction is one who is prepared to fight for you within the correct legal framework, avoiding delays and procedural errors that could harm your case.
Finding a Proactive Partner for Your Claim
Many people believe they only need a lawyer after their claim has been denied. However, workers in high-risk fields, like construction workers in and around Philadelphia, don’t have to wait for a problem to arise. You can establish a relationship with a lawyer as soon as you are injured.
You can have a knowledgeable attorney in your corner, on standby, to protect your rights from the very beginning. The benefits of this approach include:
- Peace of mind: You can focus on your recovery knowing a professional is ready to step in.
- Rapid response: If the insurer tries to deny your claim or stop payments, your lawyer can act immediately by filing the necessary petitions.
- Mistake prevention: Your attorney can review your initial paperwork to ensure it’s filled out correctly, preventing small errors that insurers often use as an excuse for a denial.
This kind of proactive partnership allows you to have a powerful advocate ready to go without necessarily paying a fee unless a formal dispute, like a claim petition, becomes necessary. It is a client-focused approach that prioritizes your security.
FAQs: How Do I Choose the Right Lawyer for Workers’ Comp and VA Benefits in Pennsylvania?
Workers’ compensation and VA benefits bring up many questions. Here are answers to some common concerns.
Can my employer fire me for filing a workers' compensation claim in Pennsylvania?
Pennsylvania law prohibits an employer from firing you in retaliation for filing a workers' compensation claim. However, proving retaliation can be difficult. If you believe you were unfairly terminated after a work injury, you should discuss the specifics of your situation with an attorney immediately.
What if my injury was caused by someone other than my employer, like a subcontractor on a construction site?
This is a great question. If a third party—someone who is not your direct employer or a co-worker—was responsible for your injury, you might have a personal injury lawsuit in addition to your workers' compensation claim. This is known as a third-party claim and can allow you to recover damages not available through workers' comp.
If I am receiving VA disability, must I report my workers' comp benefits to the VA?
Generally, yes. The Department of Veterans Affairs requires you to report other sources of income and benefits, as they can offset certain VA payments. Failing to report this could jeopardize your VA benefits, which is why it’s so helpful to work with a lawyer who understands both systems.
Contact an Abington, PA, Workers' Compensation Attorney Today
Choosing the right lawyer is about finding a trusted partner who can give you clarity and confidence during a difficult time. At Kaufman Workers’ Compensation Law, attorney Jenifer Kaufman has dedicated her career to helping injured workers. She earned her certification as a specialist in Pennsylvania workers’ compensation law in 2013, the very first year it was offered, and she brings that focused knowledge to every client she serves in Abington, Philadelphia, and Montgomery County.
Your physical and financial recovery is too important to leave to chance. Don't let another day of uncertainty go by. Please call Kaufman Workers' Compensation Law at (267) 626-2973 or contact us through our online form for a free consultation to get the answers and support you deserve.