Can I Sue for an Exacerbated Pre-Existing Condition?

Understanding Your Rights After a Workplace Accident that Made a Pre-Existing Condition Worse

Millions of Americans suffer from pre-existing conditions. When a workplace accident exacerbates those pre-existing conditions, you might be entitled to compensation. It is important to discuss your case with an experienced attorney so that you understand your rights and responsibilities after an injury on the job.

At Freeburn Law, we represent employees who are injured while at work. Our legal team can help determine whether you have a valid claim for workers’ compensation benefits or should pursue a lawsuit against any liable parties. If a workplace accident made your pre-existing condition worse, contact our office at (717) 777-7777 for a free case evaluation. All consultations are confidential and without obligation to retain our firm. 

Pre-Existing Conditions and Workers’ Compensation in PA

Under most circumstances, if you sustain illness or injury at work, you will file a claim for workers’ compensation benefits. The Pennsylvania Workers’ Compensation Act protects employees and employers in the state. The Act provides compensation for employees with work-related injuries or diseases. Compensation may include money for medical treatment, lost wages, and more.

Workers’ compensation not only covers new injuries that are sustained at work but also pre-existing conditions that are made worse by workplace accidents. Proving that the incident exacerbated your pre-existing conditions may be difficult without the help of a workers’ compensation lawyer.

Suing Your Employer for Pre-Existing Conditions

Workers’ compensation typically protects employers from lawsuits related to workplace injuries. Workers’ compensation benefits are designed to compensate employees for all of their losses related to the on-the-job accident. 

However, there are certain circumstances where you might be able to sue your employer or another liable third party for your injuries or pre-existing conditions that were exacerbated by the accident.

Most employers in Pennsylvania are required by law to carry workers’ compensation insurance. Failure to maintain the insurance is not only unlawful, but it may also open your employer open to liability. Additionally, intentional acts causing injury or death may not be covered under workers’ compensation benefits. Finally, when the injury is caused by an independent contractor, you might be able to file a lawsuit against that person or company. 

Protecting Your Right to Recovery

Proving that your pre-existing condition was made worse by the workplace accident can be challenging. You need to provide evidence of the medical condition and show how it was exacerbated by the incident. An attorney can help you prove your case and negotiate a favorable outcome. 

Get the Compensation You Deserve

If a workplace accident made your pre-existing injury or condition worse, contact our office at (717) 777-7777 for a free consultation. Let us help you get the maximum workers’ compensation benefits. Do not settle for less than your case is worth. 

When you are hurt at work, you need experience you can trust. Do not sign anything without first contacting our office to discuss your legal options. Workers’ compensation claims are routinely denied. If your claim for benefits was denied or you believe that you are not receiving the maximum amount, you need a second opinion. Call now to get started.

Should I Go Back to Work After an Injury on the Job?

Understanding Your Rights After a Workplace Injury

Many people feel the pressure to return to work quickly after an accident. Unfortunately returning to work too early can prolong your recovery and even make certain conditions worse. In order to protect yourself, it is important to know your rights after an injury on the job, including if and when you should return to work.

At Freeburn Law, we are here for you. If you have suffered a workplace injury, our attorneys will fight to ensure that you receive the maximum compensation for your case. We represent individuals in both workers’ compensation and personal injury matters. If you were injured on the job, contact our office at (717) 777-7777 for a free case evaluation. 

Returning to Work After Being Injured on the Job

If you are injured on the job, you may be eager to return to work, but you should wait until you have been cleared by a doctor. Returning to work before you are ready can have a detrimental impact on your health and well-being. It may make it more difficult for you to recover from your injuries. 

You should not feel pressure from your employer to return, and you should be entitled to workers’ compensation benefits while you are recovering. The best way to ensure that you receive full benefits is to contact a workers’ compensation attorney. An attorney can make sure that you receive the compensation you need so that you do not have to return to work before you are physically or mentally ready.

Things to Consider Before Returning to Work

There are several things you should consider before returning to work after an on-the-job. First and foremost, it is essential to be cleared by your doctor. In some cases, your doctor may recommend that you return to work with restrictions. Follow these recommendations. Do not try to take on more than you can handle.

If your doctor cleared you to return to work, but you do not agree that you have sufficiently recovered from your injuries, you can seek a second opinion. You should not return to work if you feel that you are unable to perform your job because of your injury. Workers’ compensation is designed to allow you to take off the time you need to fully recover.

What Should I Do Before Returning to Work

You should always consult with an attorney before returning to work if you were injured on the job. An attorney can help you understand your rights and file a claim for workers’ compensation. If your workers’ compensation claim is denied or you do not believe that you are receiving your full benefits, an attorney can help you pursue legal remedies. 

When you do return to work after being cleared by a doctor, you should always follow all recommendations and restrictions. It is within your power to request reasonable accommodations based on your injuries and your needs. 

Hiring a Workers’ Compensation Attorney

Were you injured on the job and are being forced to return to work before you are ready? Contact our office at (717) 777-7777 for a free, no-obligation case evaluation. At Freeburn Law, we have recovered millions of dollars on behalf of injured parties throughout Pennsylvania. Let us help you get the compensation you deserve.

Do I Have To Go To The Company Doctor For My Work Injury?

Freeburn Fights for Injured Workers!

Do I Have To Go To The Company Doctor For My Work Injury? No, you can choose your own doctor for your work injury unless your employer has done all of the following things:

  1. Accepts your Workers’ Compensation claim
  2. Has posted a list of at least six health care professionals at your place of employment
  3. Provided you with written notice that you are required to treat with a health care provider on the list is required
  4. Have you sign an acknowledgment of that list at the time you were hired
  5. Have you sign an acknowledgment of that list again at the time of your injury

If your employer does all those things, you are required to treat with someone on the list.

In addition, you are required to treat with someone on the list for 90 days after your initial visit.  However, you can use anyone on the list; your employer can’t force you to use a particular health provider on the list.  After 90 days, you can treat with any health care professional you choose.

If your employer does NOT do all those things, the workers’ compensation insurance company is supposed to pay for all reasonable necessary and work-related treatment you get from the doctor you choose. However, Workers’ Compensation carriers can refuse to pay bills on the grounds that the treatment wasn’t (1) reasonable, (2) necessary, or (3) work related.

ADDITIONAL QUESTIONS

  1. Can the Workers’ Compensation carrier refuse to pay my medical bills even if my employer failed to do all the things they were supposed to?
  2. Is my employer or workers’ compensation carrier entitled to get reports on my care and progress from my healthcare professional?
  3. If a listed doctor prescribes an invasive surgery, am I entitled to a second opinion?
  4. Is the workers’ compensation insurance carrier allowed to have me examined by their doctor, and if so, how often?
  5. Am I required to allow a nurse hired by the workers’ compensation carrier to come to all of my appointments?

The Certified Workers’ Compensation Specialist Attorneys at Freeburn Law can answer all of your Workers’ Compensation questions.  Call NOW for a FREE consultation!

WE ARE PBA CERTIFIED WORKERS’ COMPENSATION LAW SPECIALISTS

After you or a family member have been injured in a work-related accident, it is important to hire a PBA Certified Workers’ Compensation Law Specialist from Freeburn Law. Our attorneys know what it takes to get you the Workers’ Compensation you deserve.

The physical and emotional pain associated with a work accident is challenging enough, let alone the confusion you may have surrounding filing an insurance claim.

We are PA Workers’ Compensation Attorney team who represent people injured at work. Freeburn Law has several offices throughout Central Pennsylvania to better serve our clients. We have offices in Harrisburg, York, Lewistown, Lancaster, Selinsgrove, Lebanon, Kingston, King of Prussia, and Johnstown.

And, if you can’t come to us, we will come to your home, or meet you in the hospital. We are available 24/7 – evenings and/or weekends. Freeburn Law can help you get the legal help you need.

Since being admitted to practice law in 1979, our firm’s founding attorney Dick Freeburn has dedicated himself to helping injured people recover just compensation for their injuries. Our firm continues to do all it can do when trying to solve the legal problems of people who have been seriously injured or killed at work.

Every case is so important to us that if there is no recovery there is no fee charged to you. To sit down and speak to one of our lawyers about your case, schedule a free consultation with us today.

In addition to having 12 office locations, we make house calls. If you are injured and find it difficult to travel, we can come to you.

HIRE A FREEBURN LAW PA WORKERS’ COMPENSATION ATTORNEY, WE WILL FIGHT FOR YOU

No matter what an insurance adjuster tries to make you believe, you must understand that insurance companies are not your friends. Their job is to try to minimize the amount of money they must pay out. They attempt to use all types of tactics to try to make you settle your case early before you know the full extent of your injuries.

Before signing any papers releasing an insurance company from any further liability, you should speak to someone at our firm.

If you have questions about what rights you have after an accident at work, you should speak to a PA Workers’ Compensation Attorney at Freeburn Law immediately. We have handled hundreds of Workers’ Compensation cases for people throughout Pennsylvania. We have helped people injured at work get answers to some of these questions:

To get answers to these and other questions after being injured in an accident at work, schedule a free consultation with certified PA Workers’ Compensation Attorney from Freeburn Law today.

Freeburn Law: Your PA Workers’ Compensation Attorney - Telephone Number: 717-777-7777

How Long Do I Have to Sue for a Work Injury?

Your Right to Compensation After a Workplace Accident in PA

Were you recently injured while at work? In Pennsylvania and across the United States, you only have a limited amount of time to file a claim for compensation. Under most circumstances, you will be entitled to workers’ compensation benefits, but you will need to act quickly, or you may lose your right to recovery.

At Freeburn Law, our personal injury and workers’ compensation lawyers can help you obtain the recovery you deserve after a workplace injury. We fight hard for injured workers to get the maximum compensation allowed under Pennsylvania law. If you have been hurt on the job, contact our office at (717) 777-7777 to schedule your free, no-obligation consultation. 

Can I Sue My Employer After a Work Injury?

In most cases, if you are injured while at work in Pennsylvania, you will file a claim for workers’ compensation benefits. Nearly every employer in the state is required by law to have workers’ compensation insurance for their employees. 

Workers’ compensation benefits generally provide coverage for:

While there are limited exceptions, a workplace injury would be covered under workers’ compensation under most circumstances. You would be unable to sue your employee if your injury is covered under workers’ compensation. Exceptions include if your injury was caused by a defective product or a negligent third party.

How Soon Do I Have to Report a Work Injury?

Under Pennsylvania law, you are required to give notice to your employer within 120 days of the accident that caused your injury. If you wait over 120 days, your benefits may be denied. It is important to discuss your case with a workers’ compensation attorney as soon as possible after you are injured at work to ensure that you meet all legal deadlines.

It is in your best interest to immediately report notice of your injury to your employer or supervisor to ensure that you receive the maximum benefits. If you provide notice to your employer within 21 days of your injury, then compensation is due from the date of your injury. If you give notice after 21 days, compensation is not due until notice is given. Usually, you have up to three years to file a workers’ compensation claim if you have promptly reported the injury to your employer.

How Long Do I Have to File a Personal Injury Lawsuit?

If you were injured at work and are eligible to file a personal injury lawsuit, you have two years from the date of the injury to file. To determine whether you are eligible to file a personal injury lawsuit after a workplace injury, you need to consult with an experienced attorney. 

Hurt on the Job? Let Freeburn Law Fight for You!

If you were injured on the job in Pennsylvania, you have rights. You may be able to file a workers’ compensation claim or a lawsuit against a negligent third party. Contact our office at (717) 777-7777 for a free, no-obligation consultation.

I Was Injured in a Company Vehicle. Who Do I Sue?

Recovering Compensation After an Accident in a Work Vehicle

Being involved in an accident in a company vehicle can be stressful and overwhelming. Without the help of an experienced attorney, you may not know who to file a claim against and whether you can obtain compensation for your injuries. 
At Freeburn Law, our experienced legal team can help you understand your legal options after an accident in a work vehicle. We can help you file a workers’ compensation claim or file a lawsuit against a liable third party. In some cases, you may be entitled to do both. If you were injured in a company vehicle, contact our office at (717) 777-7777 for a free case review. 

Who Can I Sue If I Am Injured in a Work Vehicle Accident?

Depending on the case, there are two legal options for obtaining compensation after an accident in a company. You can file a workers’ compensation claim against your employer if you were hurt within the course of your employment. Nearly all employers in the state of Pennsylvania are required to provide workers’ compensation coverage for their employees.

The other option is to file a lawsuit against a liable third party. Any party that is legally responsible for the accident may be sued. It is important to note that these two legal options do not rely on each other. You can file one or the other, or you can file both if you were driving a company vehicle for work and another party caused the accident.

Why File a Workers’ Compensation Claim?

If you were injured while driving a company vehicle, you do not have to prove who was at fault in order to obtain workers’ compensation benefits. It is mandatory for most employers to provide workers’ compensation coverage for their employees, so chances are that you are covered. Additionally, pre-existing conditions do not matter when filing a claim. 

What Will Workers' Compensation Benefits Cover?

An attorney can help you understand your right to workers’ compensation benefits and how to file a claim. It is vital to act quickly as you only have a limited amount of time to file.

Workers’ compensation benefits in Pennsylvania include compensation for:

If you file a workers’ compensation claim, you give up the right to sue your employer, but not the right to sue a liable third party. You can always file a lawsuit against a negligent driver or another party that caused the car accident. By consulting with an attorney as early in the process as possible, you can file claims against all potentially responsible parties.

Injured in a Company Vehicle? Contact Freeburn Law Today.

Were you recently injured in a company vehicle? Contact our office at (717) 777-7777 for a free case evaluation. Our dedicated legal team has recovered millions of dollars in verdicts and settlements on behalf of injured parties throughout Pennsylvania. 

Call today to discuss your legal options for free. All cases are reviewed without obligation to retain our services. Maximize your recovery today.

What Impact Does a Workers' Comp Settlement Have On SSDI?

Some employees may be eligible to receive both Social Security Disability Insurance (SSDI) and workers' compensation benefits if they have a work-related illness or injury. However, it's important to know that if you currently receive workers' comp benefits, your eligibility for disability benefits could be negatively impacted.

Can You Collect SSDI and Workers' Comp Benefits At The Same Time? 

While you can get both SSDI and workers' compensation benefits, the programs are administered through separate programs, and therefore, the qualifying requirements are different for each. This means that you could be eligible for disability but not workers' compensation, or vice versa. For example, to qualify for SSDI payments, you must have been disabled for at least 12 months or have a condition expected to result in death. Workers' compensation does not have these requirements. Thus you may be eligible for workers' compensation but not SSDI. If you do qualify for both, the amount of workers' compensation you receive, whether in installments or one lump sum, can reduce your SSDI benefits. 

How Workers’ Comp Can Reduce Your SSDI Payments

Disability payments from private sources or insurance benefits have no bearing on your Social Security disability benefits. However, workers' compensation and other government disability payments may lower your Social Security benefits. When applying for SSDI benefits, you must disclose any workers' compensation claims you've made and record any payments you've already received, including a negotiated lump-sum settlement

To determine whether your payments should be reduced, the Social Security Administration (SSA) looks at your monthly payments from SSDI, workers' compensation, and/or other public disability benefits. These numbers are added together and if the total amount exceeds 80% of your "average current earnings", your disability benefit payments will be lowered. 

The Social Security Administration utilizes a variety of ways to calculate your typical current wages. The Social Security Administration chooses which technique to employ on a case-by-case basis, adding to the stress of disability applicants. When asked, the SSA must disclose information regarding the procedures used to determine your benefits decrease.

Freeburn Law Fights for the Rights Of Pennsylvania Workers

Because each case is different, it is critical to speak with an experienced workers' compensation attorney. At Freeburn Law, our PA disability lawyers are dedicated to assisting employees in obtaining the maximum amount of workers' compensation benefits and SSDI benefits they are entitled to. To get a free, no-obligation consultation, call 717-777-7777 or complete a consultation form online today.