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:
- Employers may file second Petition for Termination in certain Cases
Description: If first termination petition was denied by finding of continued subjective complaints of pain, a second termination petition may be filed if the employer shows that there has been a change in condition by virtue of claimant being "pain free". CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA’S WORKERS’ COMPENSATION LAWS. - In cases that are settled by Compromise & Release, if the claimant dies before a decision is rendered, the Agreement is null and void
Description: Where claimant and employer reach an agreement to settle a compensation case, and where claimant testifies before a Judge, if the claimant dies before the issuance of a formal decision, the settlement is null and void and employer is not required to pay settlement. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA’S WORKERS’ COMPENSATION LAWS. - In a new case, the Pennsylvania Commonwealth Court limits the ability of claimant's to seek expansion of definition of work injury
Description: Where claimant seeks to expand the nature of a work injury by Petition for Review and later resolves the matter, claimant is precluded from seeking further action to change the nature of the original work injury. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA’S WORKERS’ COMPENSATION LAWS. - Court in Pennsylvania holds that an employer who reimburses a DPW/Medicaid lien cannot be held responsible for amount medical providers would be entitled to under WC Act
Description: The Commonwealth Court of Pennsylvania has held that where an employer agrees to reimburse a DPW/Medicaid lien in a disputed Claim Petition for Workers' Compensation benefits, that they cannot be held liable for the difference between that amount and the 113% of Medicare to which the healthcare providers would otherwise be entitled under the Workers' Compensation Act. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA’S WORKERS’ COMPENSATION LAWS. - When you're layed off from work, you may be entitled to reinstatement of workers' compensation depending on certain factors
Description: If you were injured on the job and later returned to work, but were then layed off in the economic downturn, you may be entitled to a resumption of your workers' compensation benefits - Most Workers' Compensations Cases in Pennsylvania Resolved by Compromise & Release Agreement
Description: The compromise and release agreement is a mechanism to resolve all agreed to and disputed workers' compensation claims under the Pennsylvania Workers' Compensation Act. - In specific circumstances where there has been certain changes, your weekly workers' compensation wage benefits can be reinstated
Description: Under a variety of circumstances, most compensation may be reinstated with the exception of cases terminated by Compromise and Release agreements - Petition to Review an agreement for payment of compensation is used to correct mistakes
Description: When either party, employee or employer, believes that a mistake has been made with respect to an agreement for workers' compensation benefits, they may file a Petition to Review. - Modification or change in the amount of workers' compensation benefits can only be accomplished under specific circumstances
- Suspension of Workers' Compensation benefits can only be done under specific circumstances
Description: The suspension of weekly wage loss benefits is generally only possible by agreement of the parties, an order of a workers' compensation judge, or the failure to file appropriate forms in some circumstances. - Termination of death benefits in Pennsylvania is limited to specific circumstances
Description: Termination of death benefits is permissible for meretricious relationship, prostitution, remarriage, and change in dependency status - Employers have the burden of proof to prove that employee's disability has ceased or that current disability not related
Description: Employers must show through medical evidence that all disability has ceased in order to obtain a termination of workers' compensation benefits. - If requested, an employee must submit to an impairment rating evaluation after 104 weeks of compensation
Description: Impairment Rating Evaluations permit the employer to evaluate the employee after receipt of 104 weeks of total disability benefits to limit the number of additional weeks of compensation - To assess earing power of employee, employers are entitled to vocational expert examination of the injured worker
Description: Like required medical examinations, failure to submit to a court ordered vocational exam may result in a suspension of workers' compensation benefits. - At employer's request injured worker must submit to medical exam at any time after work injury
Description: Employers are entitled to periodic medical examinations of employees, usually twice per year, and failure to submit to a court ordered exam may result in a suspension of benefits. - In limited circumstances where employer has presented an unreasonable contest to employee's petition, attorneys fees may be assessed against employer
Description: The award of counsel fees for defendant's unreasonable contest is made by the Judge based on a variety of factors. Employers can raise many issues to establish a reasonable basis for the contest. - Employers are obligated to file various notices under the Pennsylvania Workers' Compensation Act
Description: employers are required to file certain forms before permitting change in workers' compensation benefits - Failure to file appropriate reporting forms has serious consequences under the workers' compensation act
Description: Employees receiving workers' compensation benefits are required to file appropriate forms or suffer the possible suspension of benefits or charges of fraud - Employees required to treat with designated panel physicians in certain circumstances
Description: treatment for work injuries in the first 90 days is required to be with an employer designated physician so long as the employee receives written notice of the requirement at the time of hire and at the time of injury. - Reasonable and necessary medical expenses related to work injury
Description: Employers run a risk in not paying for causally related medical expenses and have the burden of proving that medical expenses are not reasonable or necessary View All
Frequent Questions for Work Injuries:
Case Results for Work Injuries:
- Shoulder Injury Results in $100,000 Workers' Compensation Settlement
- Claimant Receives $149,000 settlement after Retaining Vocational Expert
- $164,000 Workers' Compensation Settlement Allows Worker to Receive Increased Social Security Disability Benefits
- $100,000 Settlement for Claimant who returned to Work
- Workers' Compensation Judge Bruce Doman Awards Attorneys Fees for Unreasonable Contest
Awarded: Unreasonable Contest Attorney's Fees Awarded
- Compensation Accepted Despite Allegation Claimant was only Commuting to Work
Awarded: Commuting to Work Exception for Workers' Compensation
- Psych Injuries Accepted after Store Robbery at Gunpoint
Awarded: Psych Injury Accepted
- $165,000 Settlement for Retiring Worker
Awarded: Insurance Company Defeated Twice, then settles for $165,000
- Penalties Awarded for Counsel Fees for Defendant's Unreasonable Contest of Workers' Compensation Claim
Awarded: Counsel Fees Awarded by Judge
- Compensation Continues for Work Related Aggravation of Congenital Problem
Awarded: Termination of Benefits Denied Worker Despite Pre-existing Condition
- Bi-lateral Hearing Loss Awarded in the amount of $125,000
Awarded: $125,000 awarded for Bi-lateral Hearing Loss
- Computer Design Engineer Awarded Repetitive Trauma benefits
Awarded: Repetitive Trauma Injury Found Work Related
- Aggravation of Pre-existing condition Found Work Related
Awarded: Limited Period of Compensation Awarded for Pre-existing aggravation
- Horse Handler Awarded Lifetime Worker's Comp Benefits
Awarded: Life time Benefits Awarded
- Repetitive Trauma Accepted as Work Related
Awarded: Repetitive Trauma Injury Found Work Related
- Truck Driver's Denied WC Claim Overturned
Awarded: Worker's Comp Claim Initially Denied, Accepted after Litigation
- Part time retiree's benefits continued
Awarded: Part time Reitiree Maintains Benefits
- Car Salesman Run Over by Co-employee
Awarded: Worker's Comp payment for Co-employee Negligence
- $170,000 for Worker who bumped his foot and ended up with amputations of both legs
Awarded: $170,000 Specific loss benefits to Claimant
- $300,000 for worker who lost sight in one eye
Awarded: $300,000 Workers' Comp Settlement