Protecting Injured
Workers Is All We Do
Workers Is All We Do
Your Rights
Here at Brilliant & Neiman LLC we often get calls from injured workers who were hurt while doing their jobs but were given no direction by their Employer as to how they are to get medical treatment or obtain money while they cannot work because of their work injuries. Also we get calls from injured workers who are told specifically what doctor to treat with and what they need to do, but are given no information as how they will get paid while they are out of work.
When you are injured at work your employer and the insurance adjuster usually only tell you what you they want you to do! Often they tell you what doctor to go to, where to get x-rays and other diagnostic studies, and where to get medications. Sometimes they send you for a drug test. Other times your employer gives you no information at all as to how you are to get medical treatment and who is to pay for it! The one thing Your Employer and the insurance company do not tell you are Your Rights as an injured worker.
When you are injured at work you need to know not only what your responsibilities and obligations are but also what Your Rights are. You also need to know what obligations and responsibilities Your Employer has to you, as the injured worker.
Generally, under Workers’ Compensation law, if you have a job injury or work accident you are entitled to workers compensation benefits that are spelled out under the law. Any time a worker experiences a job injury in the workplace in Pennsylvania or while working for their Pennsylvania employer in another state, their employer should provide compensation for lost wages and medical expenses. However, not every employer falls under the law nor is every worker eligible for benefits under it. Employers can take advantage of the exceptions under the law to avoid their obligations when a work accident occurs.
For those who do fall under the Pennsylvania Workers Compensation Act, your employer is responsible to pay for all reasonable and necessary medical treatment related to your work injury. This includes but is not limited to treatment obtained in the hospital emergency room, in- patient hospitalizations, treatment with doctors, physical therapists, diagnostic studies such as x-rays, MRI’s, and EMG’s and medications.
In addition to the Employer being responsible for the payment of reasonable, necessary and related medical expenses, the Employer must compensate the Employee for lost wages as a result of his or her work injuries. The amount of money the employer must pay to the injured worker is delineated in the Pennsylvania Workers’ Compensation Act. Specifically there is a formula used based upon the amount of money the injured worker earned in the year prior to the work injury. This formula is used to determine the amount of weekly or biweekly wage loss benefits to be paid to the injured worker while their earning power is decreased because of the work injury.
When the Employer or their Insurance Carrier refuses to pay the injured worker wage loss benefits needed for the worker to live while injured, or refuses to pay for the medical treatment that is needed for the worker to get better, the law firm of Brilliant & Neiman, LLC provides the legal representation you need to enforce your workers’ compensation rights under the law. Dina Brilliant and Glenn C. Neiman have a combined 39 years of experience litigating nothing but workers’ compensation cases throughout the greater Philadelphia metro area including but not limited to Bristol, Dresher, Malvern, Doylestown, Upper Darby, Stroudsburg, Harrisburg and Allentown, PA.
When the Employer or Insurance Carrier gives the injured worker a hard time after being injured at work, Brilliant & Neiman, LLC provides the representation the worker needs to enforce your workers’ compensation rights under the law and to obtain fair treatment.
We have chosen to limit our practice at Brilliant & Neiman, LLC to protecting workers that are injured on the job. The law of Workers’ Compensation in Pennsylvania has been constantly changing over the last 20 years. We feel that it is important that injured workers are represented by an attorney who knows the Workers Compensation Act and the constantly changing case law. Over the years, we have witnessed and followed up on many poorly presented workers’ compensation cases by attorneys who do not devote all of their legal time to these types of cases.
At Brilliant & Neiman LLC we will work to enforce your rights and help you receive the benefits you and your family deserve. Contact the workers’ compensation Rights attorneys at Brilliant & Neiman, LLC today to schedule a free initial consultation.
Frequently Asked Questions
Do I need to have an attorney for my PA workers’ compensation case?
No. While you do not “legally” have to have an attorney to represent you in your workers’ compensation case, you are at a disadvantage if you do not. The insurance companies all have attorneys involved from the very start of a case, trying to limit the insurance companies’ exposure. We believe injured workers need and deserve to have an attorney looking after their interest from the very beginning as well. Your workers’ compensation rights are far too valuable to give up without making every effort to protect them.
Why should I choose Brilliant & Neiman LLC to represent me?
Our firm limits our practice to only handling Pennsylvania workers’ compensation cases. That is all we do, every day! Every case with Brilliant & Neiman LLC is handled by a partner, with over 33 years of experience. We do not have junior or inexperienced attorneys. When injured workers call our firm, they speak to an attorney, not a secretary or paralegal.
Do I have the right to refuse an Independent medical examination?
A PA workers’ compensation insurance company is allowed to have an Independent Medical Examination (IME) every six months, if they wish. If an injured worker refuses to attend an IME, the insurance company may be able to obtain a court order stopping the workers’ compensation benefits. If there is a reason why attending an IME would not be “reasonable,” perhaps due to distance or disability, this is something best handled by an experienced workers’ compensation attorney, such as our firm, where our practice is limited to only handling PA workers’ compensation cases.
Do I have the right to sue the insurance company for denying my claim under the PA Workers Compensation Act?
While you cannot sue your employer, or the workers’ compensation insurance carrier, for denying your claim, there are things that can be done. We can obtain “unreasonable contest” attorney fees assessed against the insurance company (meaning the insurance company would be required to pay part or all of our fee), which puts more money in the injured worker’s pocket. Also, if the insurance company violates the PA Workers’ Compensation Act, say by failing to properly investigate the claim, or by not issuing documents correctly, penalties can potentially be awarded against the insurance company. These penalties can be up to 50% of the amount in dispute.
Do I have the right to settle my PA workers’ compensation case?
A settlement in a Pennsylvania workers’ compensation case must be voluntary on both sides. The insurance company must also want to settle. Given our vast experience in handling PA workers’ compensation cases, we know when is a good time to try and settle a case and when is not.
Does the insurance company nurse have the right to be at my doctor appointments under the PA Workers Compensation Act?
While a nurse employed by the workers’ compensation insurance company can meet an injured worker in the public area of a doctor’s office, the nurse has no right to be in the examination room with the doctor and the injured worker. Our firm does not allow direct contract between the insurance company, including a nurse, and our clients, so this is not an issue for our clients.
Does the insurance company have the right to stop my PA workers’ compensation benefits after an IME?
The simple answer is no. No matter what happens in an IME, the insurance carrier cannot stop the wage loss benefits without filing a petition and getting permission from a Workers’ Compensation judge (WCJ). That said, obtaining an IME is often the first step to getting workers’ compensation benefits stopped, so it is critical for an injured worker to get representation by an experienced workers’ compensation attorney, like those at Brilliant & Neiman LLC, at that point.