Sometimes a previous work injury can lead to a secondary problem. Other times, a re-injury, independent of the old damages, can occur after completing a workers compensation plan. In both situations, the employee may be eligible for a new or renewed workers compensation benefit.

These cases can be complicated since no employer wants to keep paying benefits for injuries. The insurer and the legal team will find reasons to deny your claim. However, a Lancaster workers compensation attorney can fight for your best interest.

When a Secondary Injury and Re-injury is Eligible for Workers Compensation For a secondary injury to be eligible for workers comp benefits, you must prove that it was a result of your old wounds. It could go both ways:

● The new injuries were worse only because of the old one.

● The old injury was the direct cause of the new one.

You can also file a claim for an off-the-job re-injury as long as it was a consequence of your first injury. An example of an off-duty injury is a slip and fall that occurs at home. If an existing work-related injury, like a broken ankle, led to the slip and fall, you can still get benefits.

Cases of new injuries that occur after old ones have healed are slightly different. You'll have to show proof that they are different from the initial injuries.

When Are New Injuries Not Covered? An employee won't receive coverage for new injuries that aren't work-related and has no relationship with pre-existing injuries.

Some Examples

Example 1 Sam had a torn shoulder bone from work, and he's still recuperating from his injuries. He slipped and fell on ice, leading to his shoulder joint pulling from its socket, while at home. A medical examination reveals that his home accident was only worse because he had a previous injury. Sam is, therefore, eligible for more coverage.

Example 2 Hannah resumed work after being on workers compensation for a broken right knee that resulted in surgery. While at work, she jumped out of the way of a falling box, landed wrongly, and broke her right ankle. The court agreed that although the re-injury was on the same leg, it wasn't in a similar location and had no correlation. She got another workers compensation benefit.

Example 3 Jamie recently received his medical examiner's report that he's fit to return to work. His injuries were from a broken backbone when he fell off a tower at work. While driving, a speeding driver runs into his vehicle, and he breaks his back again. The court determines that both injuries are independent of each other and didn't grant his workers compensation claim. He contacted a Lancaster auto accident lawyer and received compensation for personal injury from the negligent driver.

Conclusion Insurance companies try to give out as little compensation that they can. They wouldn't be pleased to pay again for new injuries. If you're a victim of a secondary injury or re-injury, contact a workers compensation lawyer lancaster pa, for proper representation.

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A workers compensation case can end through two methods; a settlement or a court hearing. For instance, if your employer denies your claim or fails to reach an agreement, your case will likely end in court. Although a court trial is more complicated with lengthy proceedings, it might be the only solution for some workers compensation cases.

At a court hearing, you'll need to convince the judge that you deserve a particular benefit. Most injured workers prefer to consult with top workers compensation lawyers in Lancaster, PA, to prepare for the hearing adequately. Since most attorneys charge on a contingency basis, you'll be able to afford the fees.

Preparing Yourself for the Hearing Preparation is vital in a court hearing. It helps you avoid surprises that may throw you off balance and make you uncomfortable in front of a judge. Before the trial, meet with your lawyer to help you prepare on how to testify.

Your lawyer will teach you some basic rules about answering questions and practice likely questions with you. Most importantly, ensure you organize your evidence, like medical reports and bills.

The Hearing Itself Parties that Attend a Workers Compensation Hearing The key people involved and that will be present in a court hearing includes:

● You and your attorney

● The attorney representing the insurance company

● The workers compensation judge will be there.

● Witnesses, if any.

Other parties that may be present include a representative from your employer or the insurance company and a court reporter.

How to Act Part of a judge's duty is to watch your demeanor to determine your credibility. It's essential that you act calm, friendly, and answer all questions honestly. Don't exaggerate the details to gain sympathy as the judge is probably familiar with, and can detect such acts. If you're evading questions or being hostile, it'll be detrimental to your case.

Presenting Evidence Both you and the other party will have an opportunity to present evidence. This evidence may include certified medical records, medical bills, employment records, proof of lost income, eyewitness, and expert witness testimonies.

Your Testimony The judge will first place you under oath where you'll swear to tell the truth. Your lawyer will then question you, after which the insurer's lawyer will ask you questions in cross-examination. Some questions to expect include details about:

● Your employment including job duties, wages, and working hours

● Medical history

● How the injury occurred and the reporting procedure you followed

● Your current symptoms and any injuries limiting your work

What Happens Next The judge may not decide the case at the first hearing. He may schedule a second hearing, which will involve depositions of medical experts. This hearing is optional for you and only requires the presence of both attorneys.

The judge will schedule a final hearing for evidence, and he'll take between 30 to 90 days before issuing a written decision. If his decision isn't favorable to you, you can go for an appeal.

Conclusion Litigations are quite challenging. However, preparation is the key to winning. Hire one of the top workers comp lawyers in Lancaster, PA, to help your case.

Pennsylvania workers compensation law spells out the benefits you'll receive when you experience a work-related injury. However, if you're not aware of the different types of compensation available to you, it can affect your claims.

To get a good result, injured employees prefer to hire top workers compensation attorneys in Lancaster PA. A lawyer can analyze your case and explain in detail the kind of benefits you can receive. Let's consider the types of workers comp benefits available in Pennsylvania.

Medical Coverage Workers compensation will cover medical treatments that are reasonable and necessary for your injuries. Reasonable medical costs include doctor's appointments, surgeries, prescriptions that are related to your treatment.

Wage Loss Benefits Workers comp pays a portion of your lost income if you're unable to work due to a disability. This benefit depends on the injury's severity, and the time it'll take to heal. Pennsylvania classifies this disability in two ways.

Total Disability Total disability benefits are payable as long as you're unable to work. However, after collecting total disability for 104 weeks, your employer's insurer may request you to undergo an Impairment Rating Evaluation (IRE).

If the result of the examination shows that you have less than 50% whole body impairment, you'll classify as partially disabled. However, you'll still receive your total disability benefits for a limited period of 500 weeks. Your employer's insurer can attempt to reduce your benefit during the 500 weeks, but top workers comp attorneys in Lancaster, PA, can defend you.

Partial Disability Partial disability indicates that you can earn some wages through light-duty work, although you haven't fully recovered. Usually, it's the result of an IRE or the insurance company's doctor that'll determine if you're partially disabled.

If your new light-duty job pays less than your previous position, you'll receive two-thirds of the difference between both wages. These benefits are payable for a maximum period of 500 weeks.

Specific Loss Benefits Specific loss includes loss of body part, permanent disfigurement to neck, head, and face, and loss of hearing or vision. If you suffer a work-related specific loss, you'll be eligible for two-thirds of your average weekly wages for a particular period.

Death Benefits Death benefits are payable to your heir or beneficiary if you pass away due to a workplace injury or illness. Your dependents will receive the death benefits within 300 weeks of the injury or exposure to hazards. It includes $3,000 funeral expenses, benefits to a spouse until they remarry, and children under 18 (under 23 if they're full-time students).

Conclusion Insurance companies won't explain your entitlements to you before giving you an offer. Therefore, it's vital to know the different benefits you can receive when you suffer from a work injury. While these benefits are broad, the best workers compensation lawyers in Lancaster, PA, can point out which benefits apply to you.

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Some workers acquire injuries from their workplace that leads to a disability. In such cases, the workers may qualify to receive both workers’ compensation and Social Security Disability (SSD) benefits. Unfortunately, an "offset" may limit the total benefits obtainable from both programs.

An offset reduces the SSDI so that an eligible person receives not more than 80% of his average earnings before the injury. The rules of a workers’ compensation offset are complex, and they also vary by state. That's why you'll need to contact one of the best workers comp lawyers in Lancaster, PA.

How Social Security Calculates the Offset The Social Security Administration (SSA) first determines the total amount of your combined benefits every month. This calculation is the "applicable limit," and it can be either of the following:

● 80% of your pre-injury income, your average current earnings, or

● the total SSDI that all members of your family receive in the first month you get your workers’ comp benefit. It's also called "total family benefit."

In most cases, SSA uses the average current earnings when determining total benefits. Every month, the SSA will calculate the combined benefits, and if they exceed your average current earnings, they'll bring it down to the applicable limit.

Calculating Your Average Current Earnings Social security calculates your average current earnings using the following formulas;

● The average monthly formula: The average monthly earning on which your SSDI is based.

● The high-five formula: The average monthly earning from your five highest-earning years in a row.

● The high-one formula: The average monthly wage from a single year. It can either be the year your disability began or any year from the five previous years.

Social security will use the formula that's most favorable to you, and most times, it's the high-one formula.

How the Offset Works SSA adds your SSDI benefits to your workers’ comp benefits. If there'll be an offset, it'll apply to your SSDI. Let's say the SSA determines your average earnings as $4,000, and your workers’ compensation benefit is $2,500 monthly.

Also, you qualify for an SSDI benefit of $2,000 per month. Your total combined benefits ($4,500) exceed 80% ($3,200) of your average earnings ($4,000). Therefore, SSA will reduce your SSDI to $1,200, leaving you with a total of $3,200.

Some states have a rule that reduces workers’ compensation benefits instead of SSDI. It's called a reverse offset rule. To understand how an offset or reverse offset applies to your case, discuss with one of the best workers compensation attorneys in Lancaster PA.

Conclusion The workers’ compensation offset may seem like a loss. However, there are different ways you can minimize this offset so it won't affect your total benefits. The best workers comp attorneys in Lancaster, PA, can show you how to maximize your benefits.

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No one anticipates getting involved in an accident or suffering a personal injury. It's therefore understandable that in the aftermath of a personal injury, some people feel confused. As a result, it's easy to make mistakes.

While some mistakes are harmless, others might jeopardize a victim's ability to get compensation. It's essential to know the common mistakes personal injury clients make so that you can avoid them.

Failing to Keep Record of Evidence After a personal injury accident, it's vital to document every evidence, beginning from the scene of the accident. It would be best if you took numerous photographs of the scene and your injuries. If you can locate witnesses, speak to them, write down everything, and collect their contact information.

When claiming compensation, you need to prove that someone else's negligence and not yours was the cause of the accident. Besides a police investigation, keeping a personal record of evidence can help support your claim.

Delaying Medical Attention Not all injuries are immediately noticeable when accidents occur, and some victims might skip getting medical help. An injury like internal bleeding, which you may not notice at first, might lead to severe problems later. Whether you notice a broken arm or feel okay after an accident, you should immediately seek medical attention.

Besides a negative impact on your health, delaying might give you a hard time proving the connection between your injuries and the accident. If your wounds heal before obtaining medical evidence, you might not receive as much compensation as you deserve.

Not Hiring an Attorney on Time Many clients think personal injury claims are clear cut issues, and that they can get help at any time. However, not seeking legal representation on time might have consequences. For instance, every state has a statute of limitations for which you can file a claim. If you wait too long, you might not get compensation.

If you want the best out of your claim, hire a personal injury lawyer Lancaster PA, as soon as possible. They can tell you about the statute of limitations and help you file your claims on time.

Settling Quickly with The Insurance Company Insurance companies try to settle claims immediately if they know they could lose money later. They do so when they think you're yet to get legal help. Their first offer may be less than you deserve, so you should consult an experienced lawyer. Don't settle with the insurer yourself. A personal injury attorney Lancaster PA, will know how to negotiate and get you the best deal.

Posting on Social Media In a personal injury lawsuit, the opposing party may use any post you make online against you. They can spin a harmless photograph around to downplay your injuries. It's best to be careful what you post online or avoid posting until the lawsuit is over.

Conclusion You need to know what to do when you suffer a personal injury. If you make a claim with the right evidence and have an experienced attorney by your side, you'll get proper compensation.

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