Workers' Compensation

O'Malley & Langan has an incredible depth of experience in handling workplace injury claims, third-party lawsuits and Fair Labor Standard Act (FLSA) cases.

Have you or a loved one been hurt at work? Are you worried about getting your medical bills paid? Concerned about family finances? Having problems with doctors or rehab? Afraid you'll be forced to return to work too soon? Wondering if you might lose your job? If you answer yes to any of these questions, it means you're having a perfectly normal response to an abnormal situation.

When one of us is injured on the job, Workers' Compensation laws can help protect our health, our loved ones and our financial well-being. Here in Pennsylvania, the law requires employers to minimize safety risks and make sure employees are not in danger. At O'Malley & Langan, we believe that everyone deserves to be safe at work. Toward that end, we have aggressively and continuously lobbied officials and organizations around the state in pursuit of stronger Workers' Compensation and safety laws. Designed to help protect you, the Workers' Compensation Act is lengthy and complex. And, there are many exceptions to various provisions of the Act, as well as language that may be subject to legal interpretation. If you've been hurt at work, you should call us for help as soon as possible.

Widely recognized as THE Workers' Compensation firm in Northeastern Pennsylvania, O'Malley & Langan can help make things right. We know Workers' Comp. We live it. We breathe it. We do it every single day. We know the doctors. We know the system. We know the little tricks the insurance companies like to pull. And, most importantly, we understand what you're going through.

Here are examples of some cases we have successfully settled:

We represented the widow of a truck driver killed in a one-vehicle accident. After the defendant argued that the deceased driver was not acting in the course and scope of his employment, the judge denied benefits. On appeal, the decision of the judge was reversed and benefits were granted to the widow and her two minor children.

We represented a woman who worked as a school custodian. When she fell on construction materials that were strewn on the floor, her employer denied her medical treatment. After filing with the Workers Compensation Bureau, the judge granted ongoing medical treatment and wage loss benefits into the future. We also obtained a third-party settlement against the construction company responsible for the debris.

We represented a widow whose husband died on the job. The company denied benefits by arguing that his heart attack was not caused by his work activity. We obtained a records review and an opinion from a noted cardiologist that linked the heart attack to his work. Benefits were awarded to the widow and her minor children.

Most job-related injuries are covered by Workers' Compensation, including injuries sustained in an accident (perhaps a fall or a mechanical malfunction) and occupational hazards or diseases that occur during the normal course of a job (like carpal tunnel syndrome or exposure to dangerous chemicals). If you've been injured on the job, your employer is required to compensate you for medical bills and lost wages.

Workers' Compensation benefits include weekly payments based on a percentage of your average weekly wage for temporary total disability, partial disability, permanent and total disability and permanent loss of function and disfigurement. It also covers medical expenses for treatment that is reasonable, necessary and related to the injury.

If you've been hurt on the job, report your injury immediately, no matter how minor you think it is. The single most damaging element in a contested Workers' Compensation case is the failure to promptly and properly report an injury. If your report is vague, confusing or is made days, weeks or months after the actual date of the injury, it could negatively affect the outcome of your claim. The Workers' Compensation Act requires you to report your injury within 120 days from the date of your injury. Failure to report an injury within this time period could bar a claim.

Over the years, we've seen that individuals who immediately and accurately report their injuries are far more likely to receive benefits promptly and without contest from their employers.

Most employers now have their own policies requiring immediate reporting of injuries. We've actually seen employees fired from their jobs for failure to follow these policies. This can impede receipt of both Unemployment Compensation and Workers' Compensation.

When reporting an injury, be sure to make the report to a Supervisor, not a coworker. Ask your employer to give you an Employer's Report of Occupational Injury and be sure that it has been completed accurately.

In Workers' Compensation law, rules are made to be followed. Let us help you navigate your way though the system. Call to schedule a free, confidential consultation today.

› Click here to view the Rights and Responsibilities of an Injured Worker