Pros and Cons of Engaging a Workers’ Compensation Attorney

The Advantages of Hiring a Workers’ Compensation Attorney

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Suffering an injury at work can lead to costly medical treatments, extensive physical therapy, expensive rehabilitation, and time away from work. Workplace injuries can be severe, and in some cases, even fatal. According to the Bureau of Labor Statistics, there were 2.7 million workplace injuries and illnesses reported in 2020.

Workers’ compensation benefits exist to cover the medical expenses and lost wages of injured workers. These benefits also provide compensation to the families of workers who have lost their lives on the job. A Workers’ Comp Lawyer in Wilkes-Barre can assist you in obtaining the compensation you rightfully deserve.

But do you really need a workers’ compensation lawyer to handle your claim? The answer, in almost all cases, is yes. If you have been injured at work, the experienced workers’ comp lawyers at Munley Law Personal Injury Attorneys can help you understand your rights. Reach out to us at 844-303-7321 or email us to schedule your free initial consultation.

There are both advantages and disadvantages to hiring a workers’ compensation lawyer. Let’s take a closer look at some of the pros and cons.

Pros of Employing an Experienced Workers’ Comp Lawyer

  • An experienced Pennsylvania workers’ compensation attorney can ensure that you file all necessary paperwork correctly and on time. Even minor errors in your paperwork could lead to the denial of your claim.

  • A workers’ comp lawyer can guarantee that you receive all the entitled benefits and that these benefits continue for as long as necessary.

  • Typically, an injured worker who hires an experienced workers’ compensation lawyer receives a higher settlement than those without legal representation.

  • In the event that your claim is denied, especially if you did not have an attorney at the start, an experienced workers’ comp lawyer can appeal the denial. Many workers have been successful on appeal with the assistance of a knowledgeable attorney.

  • A workers’ compensation lawyer can handle discussions with insurance companies and the workers’ comp board on your behalf, allowing you to focus on your recovery.

  • Insurance companies and most employers have legal counsel to handle workers’ compensation claims. If you don’t hire a lawyer, you’ll need to communicate directly with these attorneys. By hiring an experienced workers’ comp lawyer, your attorney can handle these conversations for you.

  • An experienced workers’ comp lawyer can address all your concerns and always have your best interests in mind.

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Cons of Hiring a Workers’ Compensation Lawyer

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  • Some employers may perceive injured workers who hire an attorney as aggressive and negative. However, this perception is unfair, as most employers have their own attorneys or teams of lawyers to handle the workers’ compensation process on their side.

  • Scheduling all hearings and meetings based on your availability and your attorney’s availability might prolong the claims process. Nevertheless, your workers’ comp lawyer will handle most of the conversations and negotiations on your behalf, reducing the amount of time you need to dedicate to the claims process.

  • Most workers’ compensation lawyers operate on a contingency fee basis. This means they only get paid once they collect money for you on your claim. When you receive compensation, your workers’ comp lawyer will receive a percentage. Consequently, you will receive less than 100% of the money. However, hiring an experienced workers’ comp lawyer often leads to higher overall compensation, even after accounting for the percentage paid to the attorney.

Why You Should Hire a Pennsylvania Workers’ Comp Lawyer

Filing a workers’ compensation claim can be a complex process, especially for individuals unfamiliar with the procedures. Even the smallest mistake could result in the denial of your claim. Moreover, even if you’re receiving the benefits you deserve, your employer’s insurance company may try to cease payments prematurely. This is why it is crucial to engage a highly qualified workers’ comp lawyer to ensure you receive the compensation you need for as long as necessary.

At Munley Law Personal Injury Attorneys, our experienced workers’ comp lawyers are dedicated to achieving the best possible outcome for you. We handle all types of workers’ compensation cases, regardless of size. Our firm has a proven track record of securing substantial settlements and verdicts for our clients.

Every workers’ comp lawyer in our firm is professional, aggressive, and well-versed in helping injured workers obtain the compensation they deserve. We strive to protect your rights and ensure that you’re satisfied with the outcome of your case. To discuss your situation with our experienced workers’ comp lawyers, contact us online or call us at 844-303-7321 to schedule a free case evaluation.

How a Workers’ Comp Lawyer Can Assist You if Your Claim Is Denied


Workers’ comp benefits aim to cover medical expenses and lost wages resulting from workplace injuries. It also provides compensation if your existing condition worsens due to your job.

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Unfortunately, many workers’ compensation insurance companies wrongfully deny claims. Here are some reasons your claim could be denied:

  • Inaccurate information in your incident report
  • Application filed more than 120 days after the accident
  • Employer disputes the existence of your injury
  • Employer argues that your injury is not severe
  • Employer claims you were not injured at work or in a work-related accident
  • Employer accuses you of using alcohol or illegal substances while at work
  • Insurance company states that you or your injury are not covered by the employer’s policy

If your claim is denied for any reason, you have the right to appeal. However, the appeals process can be challenging and time-consuming. Dealing with the appeals process while recovering from an injury can be overwhelming. This is why it’s crucial to have a skilled workers’ compensation lawyer fighting for your rights and handling the appeals procedure on your behalf.

What to Do If You’re Injured on the Job

Some construction workers might choose not to seek medical attention for minor injuries, hoping they will improve over time. This is particularly common in back injuries suffered by workers who frequently lift, move, and carry heavy objects. In Pennsylvania, over 11% of workplace accidents in 2020 resulted in back injuries, according to the annual report from the Pennsylvania Department of Labor and Industry.

However, this approach is a mistake. Even minor injuries, especially back injuries, can worsen with time. Therefore, it’s crucial to visit a doctor or medical clinic immediately after a work-related accident.

Once you receive medical attention, complete an incident report form at your workplace and promptly notify your supervisor of the accident in writing. Pennsylvania workers’ compensation laws stipulate that you have 120 days from the accident date to file this report. In our experience, it’s best not to delay and submit your report within three days of the incident if possible.

After filing your report, the workers’ comp insurance company will likely contact you for more information about your accident and injury. It’s important to consult with an experienced work injury lawyer before speaking with the insurance company. A skilled workers’ comp attorney can communicate directly with the insurance company on your behalf to ensure you receive the proper compensation.

Workers’ comp claims are not resolved in court; instead, they follow a special process within the workers’ compensation system. Decisions regarding your claim may be made by a workers’ comp administrative judge or through negotiation, settlement, or alternative dispute resolution methods like mediation.

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Frequently Asked Questions About Pennsylvania Workers’ Compensation

Q: What is Pennsylvania’s workers’ compensation system?

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The Pennsylvania workers’ compensation system requires employers to provide insurance coverage so that employees injured on the job can receive compensation for medical expenses, lost wages, and work-related disability. Most employers are required to have workers’ comp coverage. Failure to provide this insurance coverage may result in lawsuits from employees and potential criminal charges.

Q: How do I know if I am covered by workers’ comp?

The Pennsylvania Workers’ Compensation Act mandates that most employers in Pennsylvania offer workers’ comp insurance to their employees, regardless of the size of the business. This coverage extends to both full-time and part-time workers. Workers are eligible for coverage from their first day on the job and for the duration of their employment.

However, not all workers are covered by Pennsylvania’s workers’ comp insurance. The following individuals may not be covered:

  • Railroad workers, federal employees, and employees covered by other workers’ compensation laws
  • Agricultural workers employed by the same employer for fewer than 30 days in a year
  • Farm workers earning less than $1,200 per year from a single job
  • Independent contractors, not classified as employees
  • Volunteer workers
  • Workers providing domestic services such as house cleaning and lawn care

Q: How long do I have to report my injury and file a workers’ comp claim?

Under Pennsylvania law, you must report your injury to your employer within 120 days of the incident. Your claim must be filed within three years from the date of the injury. These timeframes are strictly enforced, making it crucial for injured workers to consult with a workers’ compensation lawyer as soon as possible. Failure to report your injury or file a claim on time will result in a denial of benefits.

Q: How much compensation will I receive for my workplace injuries?

According to the Pennsylvania Department of Labor and Industry, workers and their families received over $2.8 million in workers’ compensation benefits in 2019. The amount of compensation varies based on the severity of your injuries, the degree of disability, and the length of time you are unable to work.

Q: What sets Munley Law Personal Injury Attorneys apart from other workers’ compensation lawyers?

At Munley Law Personal Injury Attorneys, you don’t just get a lawyer; you get an entire law firm working for you. Our attorneys collaborate as a team, combining their expertise, experience, and collective efforts. Our lawyers are known for their unparalleled dedication and work ethic. We fiercely protect your rights and ensure you receive the compensation you deserve in your workers’ comp case. Our mission is to help injured workers.

Q: Are the workers’ comp lawyers at Munley Law Personal Injury Attorneys expensive?

The attorneys at Munley Law Personal Injury Attorneys work on a contingency fee basis. This means you won’t owe any legal fees unless we successfully collect money for you on your workers’ comp claim.

Reach Out to a Workers’ Compensation Lawyer Today

Entrance to Munley Law Personal Injury Attorneys office

When it comes to hiring a workers’ comp lawyer to handle your workplace injury claim, the benefits outweigh the drawbacks. When you’re injured, your focus should be on healing rather than battling with your employer or their insurance company. The experienced workers’ comp lawyers at Munley Law Personal Injury Attorneys can provide the assistance you need.

Call us toll-free at 844-303-7321 today to speak with a qualified workers’ comp lawyer. Alternatively, you can contact us using our online form. We offer a free case evaluation and will explain your legal rights without any cost or obligation.