MontCo. Personal Injury Attorney
Have you, or a loved one, been injured at work or injured in an auto accident, animal attack or slip and fall due to the negligence of another in Montgomery County, Pennsylvania? This includes the Ambler, Conshohocken, King of Prussia, Plymouth Meeting, Pottstown or Norristown, Pennsylvania areas. Have you suffered the loss of a loved one in a fatal car accident or fatal workplace accident? Under Pennsylvania workers' compensation law, personal injury and car accident law you may be entitled to benefits and financial compensation for your injuries, medical bills, lost wages and, if applicable, pain and suffering. If anyone died in the accident their estate may be eligible for death and funeral benefits. To learn more about your rights, how to protectthem and what benefits you may be entitled to you should contact an experienced Montgomery County Injury Lawyer.
Contact me, Norristown Workers Comp Attorney James V. Monaghan at (610) 275-5800 for dedicated workers compensation representation. At The Law Offices of James V. Monaghan, I provide representation to workers from all fields of industry throughout all on Montgomery County, PA including Blue Bell, Lansdale, Hatfield, King of Prussia and Plymouth Meeting. Whether you are a construction worker injured while on a job site or an office worker injured on the job, I will provide the quality legal representation you require. I have been handling workers' compensation cases for many years in Montgomery County, PA and will put my litigation experience and in depth knowledge of Pennsylvania Workmans' Compensation law to work for you. I am certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court. Se Habla Espanol.
Types Of Injury Claims I Handle
Over the course of my legal career I have handled almost every type of accident, injury and wrongful death claim including, but not limited to:
Slip and fall accidents
Wrongful death and fatal accident claims
Pennsylvania Workers Comp Laws
In the Commonwealth of Pennsylvania, all employers with at least one employee are required to carry workers' compensation insurance. The insurance provides coverage for workers who suffer a workplace injury or work-related disease. According to Pennsylvania workers' compensation law both full-time, part-time and seasonal employees are eligible to receive workers' compensation benefits if an on the job injury is sustained. While employees are not required to show that their employer was negligent, they must be able to show that their injury was work-related and they must be able to establish the extent of their injury. As with any type of insurance benefit, there is often a great deal of red tape as the insurance company fights to save as much money as possible by denying claims or minimizing the amount they pay on claims.
Concerns Regarding Workers Comp And Injury Claims
Injured workers have very serious concerns related to their claims as do those injured in car accident and premises liability (slip and fall accidents and animal attacks) accidents. Some common concerns are:
As your Blue Bell workers compensation attorney I will answer all of these questions as well as any others you may have. I pride myself on my ability to provide excellent service to my clients through routine and effective communication.
The Importance Of Documenting Your Injury Immediately
Many injuries suffered in the workplace may initially bruise your ego more than anything else. With that, you may think you are fine after the accident and not report the injury or get proper medical care. Neglecting to report the injury immediately and neglecting to see a doctor or go the emergency room can jeopardize your workers' compensation claim. For instance, you siip and fall while at work on a Friday afternoon. Initially you feel ok but over the weekend your back begins to hurt, you have a headache that will not go away and your knee is swollen due to the fall. Each day it gets worse and Monday you want to report the injury. In a scenario such as this you may be denied workers' compensation benefits as the injury was not reported when it happened on Friday afternoon. Also, since you did not seek medical care when it happened that will increase the odds of your claim being denied. Rather than go through all of this aggravation It is always a wise move to thoroughly document and report your injury to your supervisor, manager or team leader. From there you should seek medical care and the speak to a skilled Plymouth Meeting workers' compensation attorney.
Get Maximum Compensation For Your Injuries
As I handle workers' compensation, auto accident and personal injury claims, I can pursue the full compensation you are entitled to receive by law. While workers' compensation is generally the sole remedy a worker has against their employer, an employee may have the ability to file a personal injury lawsuit against a third party that played a role in a workplace accident. In this manner, the injured worker is able to not only recover for lost wages and medical expenses but I can recover for pain and suffering, loss of earning potential, loss of consortium (a claim your spouse can make when they are affected adversely by your injury) and other benefits not available under the workers' compensation act.
Accidents, Injuries and Occupational Disease
Workers' compensation benefits are available to workers who are injured because of a work-related accident, repetitive physical or mental stress arising from their job, or a work-related disease (sometimes called an occupational disease). Whether you have suffered a repetitive trauma injury, complex regional pain syndrome, back or neck injury, brain injury, spinal cord injury, paralysis, disfigurement, loss of limb or other work-related injury, I will aggressively pursue the full compensation you are entitled to receive.
Pennsylvania Workers' Compensation Benefits
There are a number of different benefits an injured worker may be entitled to in Pennsylvania once their claim is filed. Depending on the claim and severity of injury these may include:
- Temporary partial disability
- Temporary total disability
- Scarring and disfigurement
- Specific loss
- Medical expense reimbursement
- Lump sum payments
- Widow's benefits
- Death benefits
What To Do If Your Injury Claim Has Been Denied
If you are an injured worker in Montgomery County, Pennsylvania, and have been denied workers' compensation benefits, it is imperative that you consult with an experienced workers' compensation attorney. Please remember that Pennsylvania workers' compensation laws exist solely to protect injured workers and their rights. Just because an insurance company denies or ignores your claim and doesn't want to pay, that doesn't mean you cannot, or will not, be able obtain the get benefits and financial compensation you are entitled to. Sometimes, particularly in cases where an injured worker files the claim themselves, the insurance company doesn't have all the information it needs and they deny your claim. In other cases there is no reason for them denying you benefits. In either situation you need skilled legal representation provided by a Certified Workmans' Compensation Attorney James V. Monaghan.
Ways Your Claim Can Be Denied
In Pennsylvania there are several ways your workers' compensation claim can be denied. These are:
1) Receiving a Notice of Compensation Denial
2) Receiving Notice Stopping Temporary Compensation
3) Blatantly being ignored by your employer's workers' compensation carrier
Working with Plymouth Meeting Workers' Compensation Lawyer James V. Monaghan is a wise move as he has an intricate knowledge of Pennsylvania workers' compensation law. He will thoroughly analyze all aspects of your claim to make sure that you receive all of the benefits you are entitled to. In some cases this entails filing a Workers' Compensation Claim Petition, and beginning the process of having your claim decided by a Workers' Compensation Judge. In other cases Mr. Monaghan may simply need to make a few phone calls to get your claim filed properly. It is important to understand that each work comp case is unique. Regardless of the situation, every case is different, and you need a certified workers' compensation attorney who will examine the facts and advise you how to proceed. Blue Bell Car Accident Lawyer James V. Monaghan is certified by the Pennsylvania Supreme Court as a specialist in the practice of workers compensation.
PA Laws Regarding Illegally Uninsured Employers
Unfortunately sometimes Pennsylvania employers are not current on their workers compensation insurance. Like other insurance policies missing payments can result in the policy being canceled. In other situations employers may not carry the insurance at all due to negligence. Both of these situations are illegal but there is hope if you have suffered a workplace injury and your employer does not have workers’ compensation coverage.
As of November 9th, 2006 The Commonwealth of Pennsylvania, like many other states, offers an Uninsured Employer Guaranty Fund (UEGF). This is a fund that allows injured Pennsylvania employees and workers benefits and financial compensation for their on the job injuries.
Filing a claim under these circumstances is slightly different than a traditional workers’ compensation claim and should only be handled by an experienced workers compensation attorney. Please contact me, Pottstown Workers Compensation Attorney James V. Monaghan, to discuss how I can help you file your claim.
Social Media & Your Personal Injury Claim
As you may know, social networking websites such as Facebook, Google Plus and Twitter are used by millions of people on a daily basis to discuss a variety of topics. As information continues to be exchanged between parties on social networks, more personal data is legally and illegally obtained by cunning private parties.
In particular, there has been a steady increase in insurance companies using social networking websites to gather information about parties involved in personal injury legal disputes. Thus, it is important for auto accident, personal injury and workers' compensation claimants to guard their online conversations.
Read on to learn 3 important things you should never disclose on social media networks regarding your personal injury cause of action.
1. Do Not Disclose Information about Your Personal Injury Claim
Insurance companies and personal injury defense attorneys are using social media sites as sources of evidence to denounce a plaintiff’s cause of action. Such entities have been known to create fake social accounts to spy on plaintiffs in order to obtain evidence about their alleged injury and use it against them.
This is why you should never discuss your personal injury claim on social media networks. This may sound like a no brainer, but it is not uncommon for personal injury plaintiffs to disclose information about their injury to their friends.
You should be on alert for anyone who tries to obtain information from you regarding your injury on social networks. It could very easily be the defense counsel scheming to obtain information from you in order to discredit your cause of action.
2. Do Not Discuss Any Physical Activities on Social Networks
In addition to not disclosing information about your personal injury claim, you should never release information about physical activities you may be participating in on your social networks. Discussing such information may be used against you to weaken your claim.
For instance, say you incurred a leg injury as a result of the negligent act of another. As a result of the injury, you file a personal injury claim stating that you want money damages. The damages you seek include lost wages due to the fact that you are unable to work. You then go and post on your social networks that you are going on a family vacation to a water park. Defense counsel may obtain this information and use it against you to reduce the value of your claim. This is why it is so important to not mention any type of physical activity on social networks.
3. Do Not Post Any Pictures or Videos on Social Networks
You should not post any pictures that can be used against you to diminish your personal injury cause of action. Pictures and videos from your social networks may also be used as evidence against you by opposing counsel.
If you doubt whether or not you should post specific information on your social networks during your personal injury proceeding, do not do it. Further, you should not disclose information on your social networks even after the conclusion of your personal injury claim. The opposing party may file an appeal and use evidence from your social network against you.
If you would like more information regarding social media use and personal injury lawsuits, please contact me, Norristown Personal Injury Attorney James V. Monaghan.
Wrongful Death & Survival Benefits
According to Pennsylvania law there are two (2) possible claims that can be filed in the event that someone is killed in an accident. These 2 claims are wrongful death claims and survival claims. Each type of claim is different and you can learn more about them by visiting our wrongful death page.
Pennsylvania Statute Of Limitations
According to Commonwealth of Pennsylvania personal injury laws an injury victim has 36 months from date of injury or date of death to file a personal injury claim. If you wait any longer you will not be able to obtain benefits and financial compensation. In the event of a fatal accident the deceased persons estate cannot file a claim after the 36 month mark.
As your life will be completely disrupted following an accident that ended in serious injuries the first thing on your mind may not be looking into what legal actions you can take. That makes sense but it is imperative that you consult with, and ultimately retain, an experienced personal injury lawyer. With me, and all of my years of experience successfully handling accident claims in Pennsylvania, I will do everything necessary regarding handling your accident claim. This will allow you to concentrate on recovering and getting back to work and your normal life.
Contact A Plymouth Meeting Personal Injury Lawyer
Dial (610) 275-5800 today to speak with me regarding your case. I offer free consultations to those injured in the workplace in Pennsylvania. In addition, I handle accident and injury claims on a contingency fee basis meaning I charge no fee unless I recover for you and serve injured workers' in Abington, Ambler, Blue Bell, Conshohocken, King of Prussia, Lansdale, Plymouth Meeting and Pottstown, Pennsylvania.
I am certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court.
Se Habla Espanol.