O'Malley and Langan
Mission Statement

“O’Malley & Langan aims to serve its clients with a comprehensive approach – we are more than just your legal counsel. We are a friend and confidante – a team of caring legal professionals with compassion and a strong passion for justice.”-Attorney Todd J. O’Malley
Worker's Compensation Rights
1.
Always report a work injury even if you might not lose time from work or need immediate medical care.  It is critical that you require your employer to complete an accident report ( Employer's Report of Occupational Injury).
2.
Remember to keep an independent record of the date,  time,  and nature of your work injury.  In addition,  make a list of witnesses as well as the person to whom the injury is reported
3.
Be sure to provide a complete and accurate account of the type of injury you sustained and how your injury occurred as well as your past medical history.
4.
If your employer fails to accept your claim within 21 days of the date you notify them,  seek legal assistance and file a petition for compensation.
5.
should your employer accept your injury,  be certain that the wages upon which your compensation is based are accurate.  In most cases your compensation should be 66 2/3% of your gross wages from all sources of employment.
6.
If,  after receiving compensation, your employer asks you to see another physician,  seek legal advice immediately as this is your employer's first step in their attempt to either terminate your compensation or modify your benefits.
7.
it is possible that your employer may offer you modified work based on medical proof that you are able to perform that work.  This can cause you to lose your benefits by failing to accept the newly defined work.  (Seek legal advice at once.)
8.
You might be contacted by a vocational rehabilitation firm attempting to find you a new job.  (Seek legal advice.)  Your compensation can be terminated or modified if you fail to apply for a job identified by a vocational firm.
9.
Should you receive a petition in the mail to terminate or modify your compensation,  seek legal advice.
10.
NEVER sign a supplement agreement or final settlement receipt without having it reviewed by an attorney.

 

O’Malley & Langan, P.C.
Worker Compensation Attorneys
Scranton - Wilkes Barre - Pennsylvania

1-888-JUSTICE

WORKER’S COMPENSATION

Call 1-888-JUSTICE for a free copy of our guide
"What if I am Hurt on the Job?"

 

“My workers comp case took a long time but service and assistance was superior! Your firm helped me for “years” before you received a dime. That’s the type of info new clients need to hear so they won’t fear retaining your firm!”

- Client Testimonial


By law, an employer is responsible for minimizing safety risks and making sure workers are not in danger. If you’ve been injured on the job, your employer has certain responsibilities to compensate you for your medical bills and missed work time. Most job-related injuries are covered by worker's compensation, including injuries sustained in an accident (such as a fall or a mechanical malfunction) and those incurred from normal job duties (such as carpal tunnel syndrome or exposure to dangerous chemicals).

To be eligible for benefits, the employee must have been injured within the course and scope of work related activity. While workers' compensation laws can be complicated and ever changing, our experienced attorneys know your rights and how to fight to get you the money you deserve.


Here are some examples of workers compensation cases we have settled:


  • Represented the widow of a truck driver killed in a one-vehicle accident. The Defendant denied benefits arguing that
    the deceased driver was not in the course and scope of his employment. The workers compensation judge denied benefits. On appeal, the decision of the judge was reversed. Benefits have been granted to the widow and her two minor children.

  • Represented a woman who served as a school custodian. She fell on construction materials strewn about the floor. The employer denied her medical treatment. After filing with the workers compensation bureau, the judge assigned granted not only ongoing medical treatment, but also wage loss benefits into the future. We also obtained a third party settlement against the construction company responsible for the strewn materials.

  • Represented a widow whose husband died while on the job. The company denied benefits arguing that his heart attack was not caused by his work activity. We obtained a records review and opinion from a noted cardiologist linking the heart attack to his work activity. The workers’ compensation judge awarded benefits to the widow and her minor children.

 

O’Malley & Langan has continuously lobbied for stronger worker’s compensation and safety laws in Pennsylvania!

 

Following is a list of rights and responsibilities an injured worker is entitled to:

  • An injured worker may have the right to receive wage benefits.
  • An injured worker has the right to receive the medical care reasonable and necessary to treat a work-related injury or illness without any specific time limit.
  • An injured worker has the right to the initial choice of doctor.
  • An injured worker has the right to hire an attorney to help the worker get benefits or to help resolve disputes.
  • An injured worker has the right to confidentiality.
  • An injured worker has the responsibility to inform his or her employer about a work-related injury or illness.
  • An injured worker has the responsibility to fill out a claim form and submit it to the proper employer representative.
  • An injured worker has the responsibility to tell his or her doctor how the injury occurred and if it was work related.

 

Receive our free guide entitled “What if I am Hurt on the Job”

 

For more information on Worker’s Compensation, visit the following links:

 

Office of Worker’s Comp Programs

http://www.dol.gov/esa/owcp_org.htm
(for Federal employees)

 

Your State Worker’s Compensation office
http://www.dol.gov/esa/regs/compliance/owcp/wc.htm
(for private employers)

 

Find out what your rights are from an experienced worker’s compensation law firm. For more information on Worker’s Compensation, please contact O’Malley & Langan for your free consultation.

 

For more information on the specific types of cases we handle, call O’Malley & Langan for your free consultation. We’ll explore your options and offer you advice on how to proceed.

 

 

 
Contact Us!

O'Malley and Langan is your number one choice for Worker's Compensation and Social Security Information! We are available online to ask any question you want, simply fill out the form below and you will receive a contact within 24 hours, or call
1-888-JUSTICE during business hours for an immediate response!

Name:

Phone Number:

E-mail:

Address:

City, State, and Zipcode:

Your Question:

 



10 Facts about Workers Comp

 

Workman's Comp

Ten Important Facts You Should Know About Workers Compensation Rights

 

Want to read more information about Workers Compensation Rights? Click here!

 
Call 1-888-JUSTICE for a free copy of our guide
"What if I am Hurt on the Job?"


7 Q&A about Social Security
Social Security

Seven Important Questions and Answers About
Social Security

 

Want to read further?
Simply click here!


Important Links!


Injured Worker Pharmacy (IWP)
Injured Worker Pharmacy (IWP) is a national pharmacy service working on behalf of the injured worker. As an advocate for those injured on the job, IWP takes the financial burden out of the medication process. They are an independent company and a friend to injured workers.
http://www.iwpharmacy.com

UnemployedWorkers.Org
An on-line forum created especially for the nation’s jobless and underemployed workers. This resource is available to help the unemployed learn more about the unemployment system, to share their experiences and concerns, and to participate in the national debate over aid to the jobless.
www.unemployedworkers.org

 

Employment Discrimination

Top five (5) questions/facts needed to ascertain if you have a cause of action;

 

1. Were you fired or did you quit?

2. Were you a member of a union or hired via a contract?

3. Does the reason you were fired, quit or are being harassed relate to your age, sex, race, national origin or disability?

4. Is the person mistreating you a member of management, or is management aware of the ongoing treatment to which you are being subjected?

5. When did the last discriminatory action or event take place?


Once you have these answers, please call 1-888-JUSTICE to peak with our knowledgeable staff.


Product Liability

Product liability can result from faulty manufacturing or design or failure to warn consumers. Accidents attributed to product liability may mean that the manufacturer or distributor of the product is responsible for damages incurred.

 

Product liability related deaths and injuries occur every day; totaling 34 million per year.

 

If you or a loved one were injured by a product, please call us immediately to determine if we can help.  You can reach us at 1-888-JUSTICE and speak to a member of our knowledgeable staff. 


 

You Be the Judge
O'Malley and Langan