When you’re injured on the job, one of the first questions that may come to mind is, “Do I need a workers’ compensation lawyer to file a claim?”
The short answer is no; you don’t need one to file a claim. But having an experienced workers’ compensation lawyer by your side can make a significant difference in how much compensation you receive and how smoothly the process goes.
Workers’ compensation law in Pennsylvania is complex, and insurance companies often look for ways to limit, delay, or deny benefits. Without proper legal representation, you may end up missing out on the full compensation you deserve.
At GLS Injury Law, we’ve recovered more than $117 million for injury victims across Pennsylvania, including workers who were initially denied benefits or short-changed by their employers’ insurance carriers.
Let’s take a closer look at why hiring a workers’ compensation lawyer to file a claim can make all the difference.
Do I Need a Workers’ Compensation Lawyer to File a Claim?
As previously mentioned, the fact of the matter is Pennsylvania law does not require an injured worker to hire a lawyer to file a workers’ compensation claim. You may represent yourself. However, the state’s own guidance warns that the system is complex and that if you pursue a contested claim the employer and insurer will almost certainly have experienced attorneys on their side.
Why Is Filing a Workers’ Compensation Claim So Complicated in Pennsylvania?
The Pennsylvania Workers’ Compensation Act was designed to protect injured workers, but over time, it’s become a maze of deadlines, documentation, and disputes.
Employers and insurance carriers have attorneys protecting their interests, and their goal is to pay out as little as possible. Many workers don’t realize that even a small mistake or delay in their reporting or filing claim form, or a missed deadline, can jeopardize their case.
Having the right workers’ compensation lawyer file and pursue a claim ensures that:
- Every form is filled out correctly and on time.
- The medical documentation is strong enough to prove your injury is job-related.
- Your employer and their insurer can’t pressure you into returning to work too soon or settling your claim too soon or for less money than it is worth.
What Does a Workers’ Compensation Lawyer Actually Do?
An experienced workers’ comp attorney helps guide you through the entire process, from handling the initial contact with the insurance carrier to filing a Claim Petition if the employer or insurance company does not accept your claim to appeal, to defending your wage loss and medical benefits once they are up and running. At GLS Injury Law, our attorneys help injured workers by:
- Making sure your claim is filed correctly and on time
- Gathering medical evidence to prove your injury is work-related
- Protecting you if your employer disputes your claim
- Negotiating fair wage loss and medical benefits
- Handling litigation if your claim is delayed or denied
- Ensuring you’re not forced back to work before you’re medically ready
Each of these steps can directly affect your compensation. Here’s why.
Why Does Accurate Filing Matter So Much?
Filing deadlines in Pennsylvania workers’ comp cases are strict. You generally have 120 days to report your injury to your employer and three years from the date of injury to file a claim petition.
Missed deadlines are a common reason claims are denied, something a seasoned workers’ compensation lawyer can prevent.
How Does Medical Evidence Affect Your Compensation?
Medical documentation can make or break your claim. Insurance companies often claim that an injury isn’t “work-related” or that it’s due to a pre-existing condition.
A lawyer can work with your doctor to ensure the appropriate diagnostic tests are conducted and that the proper medical-legal language is included in the records. The stronger your evidence, the stronger your claim, and your chance of full compensation.
What Happens If My Employer Disputes My Claim?
Employers may argue that:
- The injury didn’t happen at work,
- You were violating safety rules, or
- The injury wasn’t serious enough for time off.
When this happens, a workers’ comp attorney can file a Claim Petition and represent you before a Workers’ Compensation Judge, ensuring your rights are protected every step of the way.
How Much More Do Injured Workers Receive When They Have Legal Representation?
Numbers pulled from the Workers’ Compensation Research Institute (WCRI) show that injured workers with attorney representation recover significantly higher benefits than those without one.
The WCRI report, titled “Impact of Attorney Representation on Workers’ Compensation Payments” found that when attorneys are involved, the increase in indemnity benefits is estimated between $7,700 to $12,400 on average.
The study focused on indemnity benefits which are wage replacement, disability payments, etc. and not necessarily all benefits, such as medical or specific loss.
How Many Workers’ Compensation Cases Are Filed in Lancaster, York, and Chester Counties?
Workplace injuries affect thousands of Pennsylvania workers every year, especially in Central PA counties like Lancaster, York, and Chester, where manufacturing, healthcare, and logistics jobs dominate.
| Question: How Many Work Injury Cases Are Filed in Central Pennsylvania Counties? | County | Reported Work Injury Cases (2023) |
| Lancaster County | 4,866 | 3.0% |
| York County | 4,364 | 2.7% |
| Chester County | 3,650 | 2.2% |
| Total PA Statewide | 162,694 | 100% |
These numbers from Pennsylvania Workers’ Compensation and Workplace Safety Annual Report show just how many workers in our communities depend on the workers’ compensation system each year, and how crucial it is to have experienced legal support guiding you through the process.
What if My Workers’ Compensation Claim is Denied?
If your claim is denied, don’t give up. Many valid claims are denied at first; sometimes for paperwork errors, sometimes because employers dispute responsibility and sometimes because the employer or insurance company doesn’t believe that the claimant—the injured worker—has the gumption to retain an experienced workers’ comp lawyer to help them fight the denial.
Your lawyer can file the appropriate Petitions and represent you in front of a Workers’ Compensation Judge, gathering and presenting medical evidence and fact testimony to support and bolster your case.
What If My Employer Tries to Force Me Back to Work?
This happens more often than most people realize. A doctor chosen by your employer may clear you to return to work before you’re ready, sometimes to light duty or part-time work. Many times, this opinion differs from the claimant’s treating physician, who believes that the injured worker should still be disabled from performing his or her job duties.
A workers’ compensation lawyer can fight the employer’s or workers’ compensation insurance company’s attempt to reduce, stop, or terminate your benefits—through a Modification, Suspension, and/or Termination Petition—by filing a timely Answer and putting together a compelling case to rebut the Petitions. Your health, welfare, and long-term ability to work are the most important consideration in a workers’ compensation claim, and it is critical to ensure that you’re not being pressured into returning to work before it’s safe and in your best interest.
Can I Afford a Workers’ Compensation Lawyer?
Yes, you can. You pay no upfront fees. Workers’ compensation attorneys in Pennsylvania work on a contingency basis, meaning they only get paid if you win your case or secure a settlement.
Their fee is typically capped at 20% of your awarded benefits, as regulated by Pennsylvania law.
Injured on the Job? Call Our Workers’ Compensation Lawyers Today.
If you’ve been hurt at work, don’t navigate the system alone. At GLS Injury Law, our attorneys know the Pennsylvania workers’ compensation system inside and out, and we’ll fight to secure every dollar you deserve.
Lancaster: (717) 394-3004
York: (717) 313-1300
West Chester: (610) 840-5800
Other Frequently Asked Questions About Workers’ Compensation Claims
- Can I file a workers’ compensation claim without a lawyer?
Yes, but it’s risky. Without legal guidance, you could make a filing error, miss a deadline, or accept a settlement that’s worth less than your full benefits.
- How long does a workers’ compensation case take?
The timetable varies, but having top legal representation ensures that the process moves as quickly and efficiently through the system as possible.
- Can I be fired for filing a workers’ compensation claim?
No. Pennsylvania law strictly prohibits retaliation against employees who file claims for legitimate work injuries.
- What benefits am I entitled to?
You may be eligible for wage-loss benefits, medical coverage, specific loss benefits, and/or death benefits (for surviving family members of fatal injury victims).
- What if I’m partially able to return to work?
You may still be entitled to partial wage-loss benefits if you can only work reduced hours or light duty because of your injury. The best workers’ comp attorneys in Pennsylvania will make sure that you are compensated for any and all loss of earnings you experience as a result of disability you experience due to a work-related injury.
References:
- Workers’ Compensation Annual Report, Pennsylvania Department of Labor & Industry, https://www.pa.gov/content/dam/copapwp-pagov/en/dli/documents/individuals/workers-compensation/publications/documents/2023 wc annual report.pdf
- Impact of Attorney Representation on Workers’ Compensation Payments, Workers’ Compensation Research Institute (WCRI), https://www.claimsjournal.com/news/national/2024/10/03/326553.htm
