Practice Areas:

Workers’ Compensation Lawyer

Focused Areas

  • Workplace Injuries
  • Construction Accidents
  • Industrial Accidents
  • Repetitive Strain Injuries
  • Occupational Diseases
  • Employer Retaliation
  • Denied Claims
  • Third-Party Liability Claims

Philadelphia Workers' Compensation Lawyer

Suffering a workplace injury can be both physically and emotionally challenging, especially when you feel betrayed by the very employer you trusted. At the Law Offices of John D. Pallante, we focus on helping injured workers in Philadelphia navigate the complexities of the workers’ compensation system. Whether you’ve been denied benefits, face unfair treatment, or need help filing a claim, John is here to fight for your rights and ensure you get the compensation you deserve.

Why Choose John D. Pallante? John understands the frustration and uncertainty that come with workplace injuries. He offers personalized legal representation, taking the time to listen to your story and guide you through every step of the process. With years of experience in workers’ compensation cases, John is committed to holding employers and insurance companies accountable so you can focus on your recovery.

Types of Workplace Injuries Covered by Workers’ Compensation

  • Repetitive Stress Injuries (RSIs): Conditions like carpal tunnel syndrome from repetitive tasks at work.
  • Back and Neck Injuries: Common in physically demanding jobs like construction or manual labor.
  • Workplace Accidents: From machinery malfunctions to falls, John handles all types of workplace accidents.
  • Occupational Illnesses: Illnesses caused by exposure to harmful substances or unsafe work environments.
  • Work-Related Psychological Injuries: In cases of emotional distress, harassment, or trauma caused by workplace conditions.

What Benefits Can You Receive Through Workers' Compensation?

If you’ve been injured on the job, you may be entitled to several types of benefits under Pennsylvania's workers’ compensation laws:

  • Medical Benefits: Coverage for all medical treatments related to your injury, including surgeries, prescriptions, rehabilitation, and future care. John ensures that all necessary treatments are covered by the insurer.
  • Wage Loss Benefits: If your injury forces you to miss work, you could receive compensation for a portion of your lost wages. John will work to ensure you’re fairly compensated for both current and future lost wages.
  • Specific Loss Benefits: Compensation for permanent injuries like loss of a limb, vision, or hearing.
  • Disability Benefits: If your injury results in partial or total disability, John will fight to get you the appropriate disability compensation to help cover long-term needs.
  • Vocational Rehabilitation: Assistance with job training or modifications if you can’t return to your previous job.

Frequently Asked Questions

1. What should I do if my workers’ compensation claim is denied?

If your claim has been denied, don’t give up. John D. Pallante will review your case, identify any issues, and help you appeal the decision. Denials are not uncommon, but with the right legal strategy, you may still be able to secure benefits.

2. Can I sue my employer for my injury?

In most cases, workers’ compensation is the exclusive remedy for workplace injuries, meaning you cannot sue your employer directly. However, if a third party (like a contractor or equipment manufacturer) contributed to your injury, John can help you explore additional legal avenues to pursue compensation.

3. What if my employer retaliates after I file a workers’ compensation claim?

It is illegal for an employer to retaliate against you for filing a workers’ compensation claim. If you experience retaliation, such as being demoted, fired, or harassed, John will protect your rights and take legal action to hold your employer accountable.

Building Trust in the Workers' Compensation Process

We understand that a workplace injury can leave you feeling vulnerable, especially if you’re facing resistance from your employer or the insurance company. At the Law Offices of John D. Pallante, we approach every case with compassion and dedication, advocating fiercely for your rights. John works closely with you to build a strong case, gathering medical evidence, collaborating with experts, and negotiating with insurers to secure the best possible outcome.

Client Testimonials and Case Results

John has helped countless injured workers in Philadelphia secure fair compensation through his personalized legal representation. Don’t just take our word for it—read our client testimonials and view our case results to see how we’ve helped others in similar situations.

Contact Us Today for a Free Consultation

If you’ve been injured at work, don’t navigate the workers’ compensation process alone. Call John D. Pallante today at 445-245-8788 for a free consultation. Let us help you secure the benefits you deserve and get your life back on track.

Workers’ Compensation Lawyer

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FAQs

Welcome to the FAQ section of Pallante Law. Here, you’ll find answers to some of the most common questions we receive regarding our legal services and practice areas. Whether you’re seeking information about specific legal issues or want to learn more about how we can assist you, we’ve compiled these answers to help guide you.

What steps should I take if I sustain a burn injury in Philadelphia?
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If you’ve sustained a burn injury in Philadelphia, it’s critical to act quickly to protect your health and legal rights. Burn injuries can be extremely painful and may lead to complications, so prompt medical attention is essential.

Here are the steps you should follow:

  1. Seek Medical Care: Depending on the severity of the burn, immediate medical attention is crucial. Burns can cause shock, infections, and scarring, so even if the injury seems minor, you should see a healthcare provider. Documenting your medical treatment will also be important if you pursue a claim for compensation.
  2. Document the Incident: If possible, gather evidence from the scene of the accident. This may include photos of the burn injury, the location where it occurred, and any hazards that contributed to the injury (such as defective equipment, hazardous materials, or dangerous conditions).
  3. Report the Injury: If the burn injury occurred at work, report the incident to your employer immediately. You may be eligible for workers' compensation to cover medical expenses and lost wages. If the burn was caused by a third party, you may need to report it to the responsible entity or their insurance company.
  4. Consult a Personal Injury Attorney: Burn injuries can lead to long-term pain, disfigurement, and emotional trauma. An experienced personal injury attorney can help you file a claim against the responsible party. Whether it’s a case of workplace negligence, a defective product, or another form of liability, an attorney will guide you through the legal process.
  5. Pursue Compensation: Depending on the circumstances of your injury, you may be able to seek compensation for:
    • Medical bills (both immediate and long-term care)
    • Lost wages or diminished earning capacity
    • Pain and suffering
    • Emotional distress
    • Disfigurement and scarring

Your attorney will negotiate with insurance companies or represent you in court if necessary to ensure you receive fair compensation for your injuries.

What are my options if I suffer a spinal cord injury in Philadelphia?
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If you've sustained a spinal cord injury in Philadelphia, you have several legal options to seek compensation and hold the responsible party accountable. These types of injuries can be life-altering, so it's essential to understand your rights and the steps you should take.

First, you should seek immediate medical attention, as spinal cord injuries require prompt care. After stabilizing your health, contact a personal injury attorney who has experience handling spinal cord injury cases. Your attorney will investigate the circumstances of your injury, which could include car accidents, slip and falls, workplace accidents, or medical negligence.

There are multiple avenues for compensation:

  • Personal Injury Lawsuit: If your injury was caused by someone else's negligence, you may file a lawsuit to seek compensation for medical bills, ongoing rehabilitation, lost wages, and emotional distress.
  • Workers' Compensation: If your injury occurred at work, you could file a workers' compensation claim. Workers' compensation benefits in Pennsylvania cover medical expenses and a portion of lost wages but typically do not compensate for pain and suffering.
  • Third-Party Claims: In some workplace accidents, a third party may be responsible, such as a manufacturer of faulty equipment. In these cases, you can file a lawsuit against the third party while also collecting workers' compensation.

In many cases, spinal cord injuries result in long-term or permanent disability, so the compensation may need to cover future medical care, home modifications, assistive devices, and other expenses. If negotiations with insurance companies don’t lead to a fair settlement, your attorney can take the case to court to fight for full compensation.

How can I get compensation for a brain injury in Philadelphia?
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If you've suffered a brain injury in Philadelphia, seeking compensation involves navigating the legal system to prove liability and the extent of damages. The first step is to consult with an experienced personal injury attorney who specializes in brain injury cases. They can assess your case, guide you through the legal process, and help you understand your rights.

To get compensation, you'll likely need to prove that the injury was caused by someone else's negligence, such as in a car accident, workplace incident, slip and fall, or medical malpractice. Your attorney will help gather evidence, which can include medical records, accident reports, witness statements, and expert testimony from neurologists or neuropsychologists who can assess the long-term effects of your injury.

Compensation for a brain injury can cover a range of damages, including:

  • Medical expenses: Both current and future costs related to treatment, rehabilitation, and ongoing care.
  • Lost wages: Compensation for time missed from work, as well as loss of future earning potential if the injury impacts your ability to return to work.
  • Pain and suffering: This includes both the physical pain and emotional trauma associated with your injury.
  • Loss of enjoyment of life: If your injury results in cognitive, physical, or emotional impairments that prevent you from enjoying life as you did before, you may be entitled to compensation for this as well.

If a third party, such as an employer or another driver, was involved, your attorney may also file claims through their insurance. If the case doesn’t settle through negotiation, you may need to go to trial to secure fair compensation.

How long does a personal injury lawsuit take in Philadelphia?
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The duration of a personal injury lawsuit in Philadelphia can vary depending on the complexity of the case, the severity of the injuries, and whether the case goes to trial. On average, the process can take anywhere from several months to a few years. The timeline generally follows these steps:

  1. Initial Consultation and Investigation: This involves meeting with a lawyer, gathering evidence, and building the case, which can take several weeks to months, depending on how quickly evidence is available.
  2. Filing the Lawsuit: Once the lawsuit is filed, the defendant is given a certain amount of time to respond (usually 30 days). The pre-trial process starts after that.
  3. Discovery Phase: During discovery, both sides exchange evidence and take depositions. This phase can take several months, particularly if there are disputes over evidence or if expert witnesses are involved.
  4. Negotiations and Settlement Discussions: Many personal injury cases are resolved through settlement negotiations, which can happen at any point in the process. Settling before trial saves time, but this phase can last from a few months to over a year depending on how willing both parties are to negotiate.
  5. Trial (if necessary): If the case doesn’t settle, it will go to trial, which can take several days to weeks. After the trial, it may still take time to receive a final judgment or award.
  6. Appeals (if applicable): If either party is dissatisfied with the verdict, they may file an appeal, further extending the process.

An experienced attorney will aim to resolve the case as efficiently as possible while ensuring you receive fair compensation, but the timeline can vary based on the specifics of the case and the legal strategy involved.

Can I still file a personal injury claim if I was partially at fault in Philadelphia?
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Yes, you can still file a personal injury claim in Philadelphia even if you were partially at fault for the accident. Pennsylvania follows a modified comparative negligence rule, which allows injured parties to recover damages as long as they are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example:

  • If you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. So, if you were awarded $100,000, you would receive $80,000 after the reduction.
  • If you are 51% or more at fault, you will not be entitled to any compensation. Determining fault can be complicated, which is why having a skilled attorney who understands Pennsylvania’s comparative negligence laws is critical. They can help you navigate this process, gather evidence to minimize your fault, and ensure you receive the maximum compensation possible.

What evidence is needed to prove a personal injury claim in Philadelphia?
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To prove a personal injury claim in Philadelphia, you need to gather strong evidence demonstrating that another party’s negligence caused your injuries. Essential evidence typically includes:

  • Medical Records: Detailed documentation of your injuries, treatments, and prognosis is crucial. Medical records prove the extent of your injuries and can link them to the accident.
  • Accident Reports: Whether it’s a police report from a car accident or an incident report from a slip and fall, official documentation of the accident helps establish the facts of what happened.
  • Witness Statements: If anyone saw the accident occur, their testimony can corroborate your version of events and support your claim of negligence.
  • Photographs and Videos: Pictures or videos of the accident scene, your injuries, or any property damage provide visual evidence that can be very persuasive in court or negotiations.
  • Expert Testimony: In complex cases, experts such as accident reconstructionist, medical professionals, or vocational experts may be needed to explain the cause of the accident or the impact of your injuries.
  • Proof of Financial Losses: Receipts, bills, and pay stubs serve as evidence of the financial losses you’ve suffered, such as medical bills or lost wages. The more thorough and organized your evidence is, the stronger your claim will be. Working with an experienced attorney can help ensure that all relevant evidence is collected and presented effectively.

What types of personal injury cases do you handle in Philadelphia?
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In Philadelphia, personal injury law covers a wide range of cases involving physical, emotional, or financial harm caused by the negligence or intentional actions of others. Common types of personal injury cases handled in the city include:

  • Car Accidents: One of the most common personal injury claims, these can involve collisions between vehicles, pedestrians, or cyclists, often resulting in injuries ranging from minor to severe.
  • Slip and Fall Accidents: Property owners in Philadelphia are legally responsible for keeping their premises safe. Slip and fall accidents can happen in places like stores, restaurants, and even private residences due to unsafe conditions such as wet floors or poorly maintained walkways.
  • Medical Malpractice: If a healthcare provider in Philadelphia fails to meet the standard of care, patients may suffer injuries due to misdiagnosis, surgical errors, or medication mistakes, giving rise to a malpractice claim.
  • Workplace Injuries: Though Pennsylvania’s workers’ compensation system provides benefits for injured workers, certain cases, such as those involving third-party negligence or intentional harm, may allow for a personal injury claim beyond workers’ comp.
  • Dog Bites and Animal Attacks: Dog owners are responsible for controlling their pets. If you’ve been bitten or attacked by a dog in Philadelphia, you may be entitled to compensation for medical bills and emotional trauma.
  • Product Liability: This involves injuries caused by defective products, whether due to manufacturing errors, design flaws, or insufficient warnings.
  • Wrongful Death: If a loved one dies as a result of someone else’s negligence, their family can file a wrongful death claim to seek compensation for medical bills, funeral costs, lost income, and emotional suffering. These cases are all handled with the goal of ensuring victims receive the compensation they deserve for their injuries and losses.

How do I file a workers compensation claim in Philadelphia?
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To file a workers compensation claim in Philadelphia, you must report your injury to your employer within 120 days. Once reported, your employer should provide you with a workers compensation claim form. It’s important to complete this form accurately and submit it promptly. After filing, your claim will be reviewed, and if approved, you’ll start receiving benefits. However, navigating this process can be complex, and errors can lead to delays or denial. Consulting with an experienced workers compensation attorney like John D. Pallante can help you avoid pitfalls and ensure your claim is handled correctly from the start.

What benefits are available under workers compensation in Pennsylvania?
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In Pennsylvania, workers compensation benefits include coverage for medical expenses, lost wages, and specific loss benefits for permanent injuries. Additionally, if a worker is unable to return to their previous job due to the injury, they may be eligible for vocational rehabilitation. Death benefits are also available to dependents of workers who have died as a result of a work-related injury. It’s crucial to consult with a knowledgeable workers compensation attorney in Philadelphia, like John D. Pallante, to ensure you receive all the benefits you’re entitled to.

What steps should I take if I slip and fall on someone else’s property in Philadelphia?
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  • Seek Medical Attention: First, attend to any injuries by seeking medical care. This ensures your health is prioritized and creates a medical record of your injuries.
  • Report the Incident: Inform the property owner or manager about the fall as soon as possible. Document their response and obtain a written report if available.
  • Gather Evidence: Collect evidence from the scene, including photographs of the hazardous condition that caused the fall, such as wet floors, uneven surfaces, or poor lighting.
  • Document Your Injuries: Keep records of your medical treatments, expenses, and any impact the injuries have had on your daily life and work.
  • Consult a Personal Injury Attorney: An attorney specializing in slip and fall accidents can help you understand your legal options, gather evidence, and pursue compensation for your damages.

What compensation can I receive from a workers compensation claim in Pennsylvania?
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When you work with a Philadelphia workers compensation attorney, such as John Pallante, you may be able to recieve the following compensation:

  • Medical Benefits: Coverage for all reasonable and necessary medical expenses related to the work injury, including hospital bills, prescriptions, and rehabilitation costs.
  • Wage Loss Benefits: If you’re unable to work due to your injury, you can receive wage loss benefits. This usually amounts to about two-thirds of your average weekly wage, subject to maximum limits set by Pennsylvania law.
  • Disability Benefits: There are two types of disability benefits:some text
    • Temporary Total Disability (TTD): For those unable to work at all while recovering.
    • Temporary Partial Disability (TPD): For those who can work in a limited capacity or with restrictions.
  • Permanent Disability Benefits: If the injury results in a permanent impairment, you may be entitled to permanent disability benefits. These are based on the severity of the impairment and its impact on your ability to work.
  • Death Benefits: If a worker dies due to a job-related injury or illness, their dependents may receive compensation for lost wages and funeral expenses.
  • Vocational Rehabilitation: If the injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation services to help you find a new job or acquire new skills.

How Do I Know If I Have a Personal Injury Case in Philadelphia?
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  • Injury or Harm: You must have suffered physical, emotional, or financial harm due to another party's negligence or intentional misconduct. Common injuries include broken bones, head injuries, or emotional distress.
  • Negligence: Determine if another party’s negligence caused your injury. Negligence involves a failure to exercise reasonable care, such as a driver running a red light or a property owner failing to maintain safe conditions.
  • Causation: Establish a direct link between the negligent behavior and your injury. This means proving that the harm you suffered was a direct result of the other party’s actions.
  • Damages: Evaluate the damages you have incurred, such as medical expenses, lost wages, and pain and suffering. You need to quantify these damages to pursue compensation effectively.
  • Consult an Attorney: Personal injury lawyers offer free consultations to assess the viability of your case. They can help determine if you have a valid claim based on the specifics of your situation.

Contact your Philadelphia personal injury attorney, John D. Pallante today!