- Workers CompensationMarla A. Joseph never represents insurance companies. Instead, she focuses her practice on assuring that her clients' rights are protected and that they receive all the compensation to which they are entitled. Marla Joseph provides personal representation for her clients at every stage of every proceeding. She regularly appears before Workers' Compensation, Social Security, Common Pleas Court, and appeals court judges.
- Wrongful Termination
- Employment ContractNot necessarily. Unfortunately, unless you are a union member or have an employment contract your receipt of workers' compensation benefits does not necessarily protect your job or other employee benefits such as health insurance. We reside in an employment-at-will state so an employer is not obligated to leave your job open forever. As a result, if you are out of work and receiving workers' compensation benefits, your employer may be able to fire you or lay you off if they cannot reasonable accommodate your physical restrictions. However, an employer cannot fire you or lay you off solely because you made a workers' compensation claim. In addition, an employer does not have to maintain your health insurance or other benefits while you are receiving workers' compensation benefits. You may, for example, receive what is called a COBRA Notice, allowing you to pay for medical insurance at your own expense. If you do, you should discuss this with your attorney.
- Employment Litigation
- Personal InjuryIf you have been injured in an accident, you may be able to recover compensation by filing a personal injury lawsuit. To establish liability, you likely will need to show that the defendant’s unsafe actions caused your injuries. Pennsylvania follows a doctrine of modified comparative negligence, which means that you can obtain damages from a defendant as long as you were less than 51% at fault. Ms. Joseph has represented clients harmed in vehicle accidents, construction site accidents, medical procedures, animal attacks, food poisoning, encounters with defective products, slip and falls, sports injuries, and other accidents. If clients need the assistance of other lawyers with special expertise in a certain area, Ms. Joseph integrates her representation with the representation of those attorneys. Retain a Skillful Attorney to Advocate for You
- Medical Malpractice
- Auto Accidents
- Social Security DisabilityMs. Joseph has represented injured workers in workers’ compensation claims based on a wide range of job-related injuries and occupational illnesses, including asthma, traumatic brain injuries, back injuries, amputations, fractures, carpal tunnel syndrome, fibromyalgia, limb injuries, heart attacks, repetitive stress injuries, neck injuries, and vision or hearing loss. You must follow a certain timeline to make a claim for workers’ compensation benefits. You have 21 days to provide your employer with notice of a work-related injury. Your claim will be barred if you wait beyond 120 days. Your employer and you can agree on compensation on or after the seventh day following your injury. If you are unable to agree on compensation, you can petition to have a workers’ compensation judge hear your case. The workers’ compensation judge will set a mandatory schedule to present evidence, attend hearings, and go to a mediation conference. Philadelphia workers’ compensation lawyer Marla A. Joseph can assist you with each of these steps. Social Security Disability and SSI
- Disability DiscriminationOften, employers provide employees with disability insurance and retirement benefits. Many of these benefits, including pensions based on years of service and salary, are governed by the federal Employment Retirement Income Security Act (ERISA). This law outlines the obligations and rights of employers, employees, beneficiaries, and insurance companies related to employee benefits plans covered by ERISA. ERISA permits administrative appeals. Only after you have exhausted administrative appeals will a federal court have jurisdiction over your ERISA claim. These claims are unique and complex, and it is important to hire an attorney at the earliest possible stage to maximize your chances of success. The federal court might not be able to review materials outside what was presented in the administrative appeal, making it crucial to present the right material at the administrative level. Workplace Disability Discrimination