Work Injuries

When you ask someone to introduce or describe themselves, the first response will usually be their name. The second way people commonly define themselves is through their job, profession, or work. We spend much of our time away from our families and friends earning a living. Most of us want to master our profession, perform our duties competently, and really just do a good job. Sometimes, at work, disaster strikes.

Daniel Monahan is a solo practicing workers’ compensation and personal injury attorney, representing the injured workers of Chester County and the Greater Philadelphia area. His office is located in Exton, Pennsylvania.

The more time we spend at our jobs, the more likely it is that we will get injured at work. Workers’ compensation is an area of the law designed at protecting the rights of workers injured on the job. This specific area of the law requires employers to provide certain protections to their employees when they have been injured. Typically, an injured worker will recover quickly from minor injuries and, within a week or so, they are back on the job. Sometimes, with more severe injuries, the company will bring you back to work in a different position where your injury is not a factor. This seems like a reasonable thing to do. However, what if your new “administrative” position pays less than what you were making previously? What if the company decides to eliminate your newly created “administrative” position? Now, you have been laid off, you’re still injured, and your workers’ compensation benefits are pulled. What are you to do?

Daniel Monahan handles workers’ compensation claims for injured workers who deserve compensation. This compensation serves many purposes. You may need money to sustain your livelihood while healing. You may need money to hold your finances above water while you rehabilitate your injury. If you have been severely or permanently injured, you may need to retrain in a different field of work so that your injury will not preclude you from working. Mr. Monahan has over thirty years of experience in protecting workers’ rights. His experience in workers’ compensation claims are what he offers to you today.

Through his experience Mr. Monahan can advise you accordingly. Daniel’s legal experience definitely sets him apart from other workers’ compensation and personal injury attorneys. However, there is another factor that distinguishes Daniel from the rest of the legal pack. Daniel Monahan at one time was a real worker. Previous to being a lawyer, Mr. Monahan was a steel worker and merchant seaman. He understands and can relate to the injuries suffered by normal people, and how these injuries affect your family, friends, and daily life. Your problem will not fall on deaf ears. Daniel Monahan can both personally and professionally relate to your situation and all the concerns you have with respect to the impact of your injuries.

Imagine you work with your hands everyday. Perhaps, you lay brick or you work construction. Your hands are your best tool. Its Monday, the start of the work week, and you break your hand on the job. Your mind tells you that you still want to work, but, your body will not let you. What do you do? Your boss will probably file an accident report, and you will need to receive workers’ compensation. However, how long will you receive workers’ compensation? How long will it take before you get your first check? How much money will they give you? Will your company send you to a doctor or do you get to choose? What about physical therapy? Daniel Monahan can help you answer these questions.

Daniel is not only extremely experienced, but he is also one of the best lawyer for the job. Mr. Monahan was recently named by the Main Line Today as one of the Best Attorneys in the western Philadelphia suburbs for workers' compensation and personal injury law as selected by other lawyers. He has also been given the second highest rating a lawyer can obtain by Martindale Hubbell. He brings his competence, experience, and general know-how to bat for you. All you have to do is contact Daniel Monahan at his office in Exton, Pennsylvania for a consultation. Workers’ compensation claims, like most legal claims, are time sensitive. Thus, contacting Daniel today may be essential to the success of your claim. He represents the good people of Pennsylvania in the Chester County and Greater Philadelphia area, including Great Valley, Birmingham, Caln, Charlestown, Coatesville, Downingtown, Honeybrook, Kennet Square, Malvern, Parkesburg, Phoenixville, Pocopson, Thornbury, Tredyffrin, Uwchlan, and West Chester.

Daniel Monahan’s office is located in Exton, Pennsylvania.

Library for Work Injuries:

• PA Supreme Court rles that employer that previously lost a termination petition must show change in condition before seeking termination of benefits again   
  Description: Once previous decisions by a Workers' Compensation Judge recognize certain injuries, the employer bears the burden of showing a change in physical condition before being able to seek termination of benefits again.
• IObtain FREE BOOK on PA Workers' Compensation Laws from Attorney Daniel Monahan   
  Description: Employer that admitted injury took place, admitted claimant missed time from work and filed Notice of Temporary Compensation Payable (NTCP) cannot later issue "qualified denial" without risking penalties and counsel fees
• Discover Your rights to Pennsylvania Workers' Compensation Benefits in FREE BOOK authored by Trial Lawyer Daniel Monahan   
  Description: The employer is not entitled to a Social Security Retirement set off when the benefits being paid are in the nature of a fatal claim/death benefits.
• FREE BOOK on Pennsylvania's Confusing Workers' Compensation Laws available from experienced Lawyer   
  Description: The doctrine of joint and several liability may exist under the Pennsylvania Workers' Compensation Act involving nominal bankrupted uninsured employee leasing firm
• Before IRE Evaluation, Evaluating Doctor Must Show Injured Worker has reached Maximum Medical Improvement   
  Description: The Pennsylvania Commonwealth Court found in August 2008 that for an AMA Guides physician/evaluator to provide a valid impairment rating under the Pennsylvania workers' compensation act, he must first determine that the injured worker has reached maximum medical improvement, also known as "MMI".
• New Rand Corporation Study commissioned by the Commonwealth of Pennsylvania Evaluates Overall Performance of Workers' Compensation System   
  Description: Primary aim of study by Rand Corporation of the Pennsylvania workers' Compensation system were to identify and explore major policy issues and to recommend options in addressing issues in the future
• Taking Your Pension and Withdrawing from the Work Force May Affect Your Weekly Compensation Benefits   
  Description: Taking retirement and social security retirement benefits will affect your weekly workers' compensation benefits. Taking your pension may allow employer to argue that you have withdrawn from the work force and reduce your workers' compensation wage loss benefits.
• Court Defines Prompt Notification Requirements of Workers' Compensation Act   
  Description: In a recent Commonwealth Court case examining the insurance companies' requirement to provide injured workers' with Notice of Ability to Return to Work, the court held that as a condition that must be met before an Earning Power Assessment can be made, the employer is required to give workers "prompt written notice" of his release to return to work. Although the precise time is not set forth in the revised Act 57 changes to Workers' Compensation, the court found that the criteria for reasonableness of the timely notice would be made on a case by case basis. In the case involving a registered nurse who had injured her back in 2004, the Court found that notification 5 months after a medical examination by a company designated physician was too long to wait. Without setting forth a specific time deadline, however, the Court did state that notification within one month would have been satisfactory.
  
  Claimant's who are currently receiving compensation benefits can expect to receive these forms after being examined by a company physician, but also after a treating doctor gives an opinion of the ability to return to modified employment. Injured workers would be best served by contacting a competent workers' compensation attorney to discuss these kinds of changes whenever they receive such a form.
• Beware: The Amount of Pension Offset an Employer Can Take From Workers' Compensation Weekly Wage Loss Benefits Depends on Amount of Employer Contribution to Pension Plan   
  Description: The question of whether an employer is entitled to an offset after receipt of pension benefits after the effective date of the 1996 amendments to the Workers' Compensation Act was answered by the Commonwealth Court in a recent case that allowed the credit for the percentage of employer contribution
• What You Need to Understand About Medical Benefits Under the Workers' Compensation Act   
  Description: If you have completed 90 days of treatment with a company designated doctor or your company did not have a list of company designated doctors, you can treat with any doctor of your own choosing so long as they are practitioners of the healing arts
• Only when your employer or insurance company has denied that you sufferred a work injury or the extent of the injury or where your employer or insurance company is trying to stop or modify your benefits do you need to pay an attorney   
  Description: Most work injuries are voluntarily accepted by the insurance company and only in some situations to you need to hire and pay an attorney
• You Need to Consider the Effects of Receiving Social Security or Pension Retirement Benefits on Workers' Compensation   
  Description: Once you begin receiving social security retirement benefits (known as Old Age) or company pension benefits, your continuing workers' compensation benefits will be reduced
• Even if you have returned to work or your injury has changed, you can still seek to have your workers' compensation benefits reviewed and reinstated   
  Description: If you return to work and later suffer a decrease in wages related to your original workers' compensation injury or if your injury turns out to involve additional injuries that you didn't know about, you can file a Petition to either Reinstate or Review your workers' compensation benefits.
• Workers Entitled to Specific Amount of Weekly Benefits When They Lose Certain Body Parts   
  Description: In an attempt to award compensation benefits when a worker loses a particular body part such as a hand or a foot, the Pennsylvania Workers' Compensation Act has a fixed schedule of benefits regardless of the number of lost weeks from work
• Even If Double Amputee is Back to Work, He Can Still Collect Total Workers' Compensation Benefits, Says Court   
  Description: Court rules that double amputee who returns to work can still collect total disability benefits from worker's compensation. For more information on Pennsylvania's Confusing Workers' Compensation Laws, visit our website and obtain FREE VALUABLE INFORMATION
• Settling Your Workers' Compensation by a Compromise & Release Agreement Will Not Extinguish Employer's Right to Reimbursement in Third Party Case   
  Description: To Learn about Pennsylvania's Confusing Workers' Compensation Laws and to know why your Attorney should understand how workers' compensation benefits impact your third party case, ORDER your FREE BOOK ON WORKERS' COMPENSATION by BOARD CERTIFIED TRIAL ATTORNEY DANIEL F. MONAHAN
• Traveling to and from Client's Home May be Compensable   
  Description: Learn about PA's confusing workers' compensation laws and ORDER FREE Dan Monahan's BOOK, THE CONSUMER'S GUIDE TO PENNSYLVANIA'S CONFUSING WORKERS' COMPENSATION LAWS
• Navigating the Maze of Medical Reimbursement for Pennsylvania Work Injuries: What every Claimant, and Doctor, Ought to Know   
  Description: Pennsylvania workers' compensation act has specific provisions for payment of medical bills related to work injury.
• Construction Worker Injured after Building Collapse   
  Description: A construction workers fall and injury in Philadelphia, PA, highlights the dangers associated with the construction industry.
• Solvent Spill leads to Hospitalizations, Closure of Buildings   
  Description: Contaminated packages were delivered to a hospital in Allentown, PA. Over a dozen people were treated at Saint Luke’s hospital.
• Supreme Court Rules that if Employers Fires You for Pre-injury Disciplinary Infraction, that's Okay   
  Description: Pennsylvania employers are perfectly able to legally fire injured workers even if the disciplinary infraction occurred before the work injury.
• Injured Workers Cannot Unilaterally Avoid Subrogation Claims by Carriers   
  Description: Widow's attempt to "disclaim" inheritance as a result of recovery in an third party accident case does not circumvent the subrogation rights of Pennsylvania's workers' compensation insurance carriers who have paid benefits for wage loss and medical benefits.
• Who Else Is Responsible for Your Injuries Besides Your Employer   
  Description: The Key Things Every Injured Worker Should Know About What Damages They Can Get

Frequent Questions for Work Injuries:

• What if the employer wants me to come back to work or offers me a job with another employer?
• How long can I continue to receive total disability benefits?
• What if I qualify to receive Social Security Disability Income (SSDI), will I still receive workers' compensation benefits?
• You’ve been injured at work and the employer’s insurance carrier has issued a Denial of Workers' Compensation or 21 days has passed since your injury, do I need a lawyer.
• How can I pay a lawyer without income?
• What other benefits may I be entitled to?
• How much will my workers’ compensation check be?
• Do I have to treat with the company doctors?
• Can I recover if the injury is my own fault or the result of a co-employer?
• Can I sue my employer for pain and suffering or loss of other benefits?
• Can my employer or insurance company stop my benefits at anytime?
• How long will I get workers’ compensation benefits?
• What do I do if the insurance company has filed a Petition to Terminate or Modify my benefits after I have been examined by one of their doctors?
• Advice that Many Attorneys May NOT Tell You: You May Not Have to Hire and Pay a Workers' Compensation Attorney Right Away.
• Does your employer have workers’ compensation insurance?

Case Results for Work Injuries:

• $300,000 for worker who lost sight in one eye - $300,000 Workers' Comp Settlement
• $170,000 for Worker who bumped his foot and ended up with amputations of both legs - $170,000 Specific loss benefits to Claimant
• Car Salesman Run Over by Co-employee - Worker's Comp payment for Co-employee Negligence
• Part time retiree's benefits continued - Part time Reitiree Maintains Benefits
• Truck Driver's Denied WC Claim Overturned - Worker's Comp Claim Initially Denied, Accepted after Litigation
• Repetitive Trauma Accepted as Work Related - Repetitive Trauma Injury Found Work Related
• Horse Handler Awarded Lifetime Worker's Comp Benefits - Life time Benefits Awarded
• Aggravation of Pre-existing condition Found Work Related - Limited Period of Compensation Awarded for Pre-existing aggravation
• Computer Design Engineer Awarded Repetitive Trauma benefits - Repetitive Trauma Injury Found Work Related
• Bi-lateral Hearing Loss Awarded in the amount of $125,000 - $125,000 awarded for Bi-lateral Hearing Loss
• Compensation Continues for Work Related Aggravation of Congenital Problem - Termination of Benefits Denied Worker Despite Pre-existing Condition
• Penalties Awarded for Counsel Fees for Defendant's Unreasonable Contest of Workers' Compensation Claim - Counsel Fees Awarded by Judge
• $165,000 Settlement for Retiring Worker - Insurance Company Defeated Twice, then settles for $165,000
• Psych Injuries Accepted after Store Robbery at Gunpoint - Psych Injury Accepted
• Compensation Accepted Despite Allegation Claimant was only Commuting to Work - Commuting to Work Exception for Workers' Compensation

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429