Areas of Practice

Workers' Compensation

Perry & Baumbach, P.C., represents injured workers' in all aspects of the workers' compensation process. Whether you simply need advice, need representation for the initial filing of a claim, need help defending your benefits against attack by the insurance company, or need help obtaining a fair settlement of your case, we can help. Both Attorneys Perry and Baumbach are experienced trial lawyers and can aggressively represent your interests at the hearing level or during the appellate process.

Important Facts about Workers' Compensation:

  1. You cannot sue your employer. The Pennsylvania legislature created the workers' compensation system so that you can receive workers' compensation benefits instead of having to sue your employer. Under most circumstances, workers' compensation is an exclusive remedy. However, it is possible that you also have a 3rd party liability claim in addition to your workers' compensation case. A qualified attorney should be able to advise you regarding whether you have such a claim.
  2. Workers' Compensation benefits generally pay you 2/3 of your pre-injury wages.
  3. Workers' Compensation benefits can be in the form of wages and/or medical benefits for your work injury.
  4. If your claim is denied, you have three (3) years from the date of your injury to file a claim for workers' compensation benefits. If you fail to file a claim within three (3) years, then you lose the right to do so.
  5. You have 120 days from the date of your injury to report your injury to your employer.
  6. You need to treat with the company doctor for the first 90 days after your injury. After the 90 day period has expired, you can treat with any doctor of your chosing; however, you must give the insurance carrier five (5) days notice of your decision to treat with a new doctor.
  7. The insurance carrier can have you examined by a doctor of their choosing twice a year. This is called an Independent Medical Examination (IME).
  8. If you are receiving workers' compensation benefits, you may receive Employee Verification Forms. These forms need to be completed and returned to the insurance carrier within 30 days or the insurance carrier may stop your benefits.
  9. It is an injured worker’s duty to be available for work within their limitations.

These are just a few important facts that you might encounter when dealing with a workers' compensation case. The law is very complicated, and it can be quite confusing. While you are certainly free to attempt to handle your case on your own, you may find it beneficial to retain a qualified lawyer who focuses in workers' compensation law to help you. Please call for a free consultation.

Social Security Disability or SSI Benefits

If you have received an initial denial of Social Security disability or SSI benefits, we can help you by filing an appeal to take your case before a Social Security Judge. We will obtain all of the necessary medical records and submit them to the Judge at no cost to you.

Important Facts about Social Security Disability:
  1. As a general proposition, a person must be incapable of engaging in substantial gainful employment activity on a regular and sustained basis in order to qualify for benefits. That is, a person must be incapable of performing any type of work, including light duty, on a full-time basis.
  2. Children can qualify for SSI benefits as well. Social Security has special rules regarding children’s eligibility for benefits.
  3. You can initially apply on your own by contacting or visiting your local Social Security office, or you can apply online at www.ssa.gov.
  4. Approximately 65% of people are denied on their initial application. You should not be discouraged if you receive a denial. If you receive a denial, contact our office for help in filing an appeal.
  5. Once an appeal is filed, it takes approximately 9 to 12 months for a hearing to be scheduled. During this time, we obtain all of the necessary medical evidence to get your case ready for a hearing.
  6. At the hearing, we will provide the Judge with our legal, medical, and factual arguments regarding why we believe you should be granted benefits.
  7. You do not pay an attorney fee unless we win.

These are just a few important facts that you might encounter when dealing with a Social Security disability or SSI case. The law is very complicated, and it can be quite confusing. While you are certainly free to attempt to handle your case on your own, you may find it beneficial to retain a qualified lawyer who focuses in Social Security disability and SSI law to help you. Please call for a free consultation.