Worker’s compensation

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When you are injured at work, life is suddenly filled with uncertainty and hardship. Pain and a disabling injury are usually accompanied by the loss of a paycheck. Workers’ compensation in Pennsylvania provides coverage to help injured workers get back on their feet and return to work. Insurance companies may dispute or deny claims for all sorts of reasons, making a difficult situation even worse.

In most cases you only have 120 days to file a workers’ compensation claim. It is important to call one of our experienced workers’ compensation attorneys as soon as possible after a work related injury to ensure your rights are protected. 

PA WORKERS’ COMPENSATION RIGHTS

  • The right to benefits — You are guaranteed certain benefits if you were injured in a workplace accident or simply injured in the course of your job. This includes free medical coverage and wage loss benefits for as long as you are off the job.
  • The right to negotiate a lump sum settlement — There are pros and cons to cash settlement of your claim versus ongoing benefits. Our experienced attorneys can help you decide if this is right for you.
  • The right to control your treatment — The employer’s preferred physicians may not be qualified to diagnose and treat your injury, and may not have your best interests at heart. In most cases, you can choose your own doctors.
  • The right to a hearing — If the employer tries to deny, reduce or terminate your benefits, or if your disability pay is calculated incorrectly, your case must be heard by a workers’ comp judge. That decision can also be appealed.
  • The right to recover from your injury — Your employer cannot force you back to work. Only a doctor can clear you for light duty or regular duty.

 

 

Are you being paid for the Your Work?

“FLSA” or The Fair Labor Standards Act, requires employers to pay their employees time and one-half their regular rate of pay for each and every hour worked over Forty (40) in a work week. A majority of employees are classified as hourly employees. That means that you receive an agreed upon hourly rate for the first forty hours. Any hours worked in excess of the forty hours are supposed to be paid at time and a half. For example if you earn $10.00 an hour and you work 40 hours, your gross pay would equal $400.00. If you work 41 hours, your hourly rate is $10.00 for the first 40 hours and $15.00 for the one hour of overtime.

There are many types of overtime violations by the employer, the most common are as follows:

Not keeping accurate time records proving how many hours you actually work

Getting paid one set hourly rate or straight time for all hours worked (ignoring the time and a half rule)

Deducting time from you if you work through your lunch.

Misclassifying employees as salaried employees to get around paying time and a half.

Because you are classified as a salaried employee does not mean that you are not entitled to receive overtime compensation.

Many companies give employees titles such as Executive Supervisor, Supervisor, Manager, Foreman, Shop Manager or a variety of other titles, however they are completing the same tasks or similar job responsibilities as other employees that are classified as non-exempt employees.

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