Tinicum, PA Workers’ Compensation Lawyer
When you are hurt while doing your job, your employer should pay for your injuries. That is the basic understanding of Workers’ Compensation. However, employers and insurance companies often seek to unfairly dodge payment and push injured workers out of coverage.
Our lawyers stand up for injured workers, fight their claims before Workers’ Comp Judges, and seek full payment for their Workers’ Comp benefits. Our attorneys can take your case no matter what industry you are in, no matter how big your employer is, and no matter how bad your injuries were.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.
Who is Eligible for Workers’ Compensation?
Pennsylvania law makes most “employees” automatically eligible for Workers’ Comp coverage. Employees are required to carry insurance that will pay for their workers’ injuries, and you are covered automatically. There is no need to pay in like with Social Security disability or unemployment.
This should cover full-time, part-time, and seasonal workers alike; only “casual” employees might not qualify.
However, “independent contractors” are not usually eligible. Still, many employers misclassify workers who should actually count as “employees.”
Our Workers’ Compensation lawyers can review your specific case and look into details about how you are hired, who controls your workday, and how you are paid. Being paid through a 1099 is not always sufficient to stop you from being covered.
What Do I Do if My Claim is Denied?
Workers’ Compensation does not work like other insurance systems where you file with the insurance company. Instead, your employer is the policyholder, and you file with your employer. With this setup, denials are to be expected.
Claim Petition
Our Workers’ Compensation lawyers think of denials as the beginning of your case: this is what gives you the right to file your case before a judge. From the date of denial, you get up to 2 years to file a Claim Petition with a Workers’ Comp Judge (WCJ) to hear your case.
When the claim goes before the judge, they can overturn the denial and order payment. You can also potentially reach a negotiated settlement with your employer for benefits.
Evidence
In any case, you usually need to undergo medical exams and our lawyers need to depose witnesses and various parties, assemble doctor’s reports, and put together your case to present it to the WCJ. There is no jury in these cases; the judge decides the whole case.
Hearings
The WCJ decides the case in a hearing, which is like a trial for this specialized issue. This hearing has two major questions to answer:
- Was your injury work-related?
- Are you disabled?
If we can prove the answer to both questions is yes, you should win your case.
Appeals
If the WCJ still denies your claim, we can appeal. The first appeal is to the Pennsylvania Workers’ Comp Appeals Board, then further appeals go to the Commonwealth Court. If they still deny your claim, we can ask the Pennsylvania Supreme Court to hear it, though they do not have to accept.
How Long Do I Have to File for Workers’ Comp?
After an injury, you need to provide your employer with notice of your injury to start the Workers’ Comp process. By law, you must file by 120 days after the injury or lose your claim.
In practice, notice needs to be filed within 21 days. From there, your employer gets 21 days to respond and deny you. They can also choose to temporarily pay, extending their deadline to deny you by 90 days.
After your denial – or if they ignore your claim – you get 2 years to file your Claim Petition with a WCJ.
These deadlines are vital to your case, and you should start speaking with a lawyer as soon as you can to make sure you have the evidence you need in place before the filing deadline.
What Injuries Does Workers’ Comp Cover?
Any injury that was “work-related” should be covered. This covers acute injuries that happen in an accident, repetitive stress injuries that happen over time, and even illnesses like cancer that develop from prolonged exposure at work. The following are some common Workers’ Comp injuries:
- Back injuries
- Broken bones
- Head injuries
- Serious cuts and burns
- Motor vehicle accident injuries
- Machinery injuries
- Injuries from falls
- Lung conditions
Injuries at your workplace or from your work tasks should count as “work-related.” However, employers and Workers’ Comp insurance carriers might try to claim your injury happened after hours or on the weekend if you waited to receive treatment. This makes it important to get medical treatment right away to show the injury happened at work.
Tinicum has a lot of warehousing and shipping jobs. Some of the most common workplace injuries you might face are repetitive stress/repetitive strain injuries, back injuries from lifting and carrying, forklift injuries, falls from heights, and other similar injuries.
What Benefits Does Workers’ Comp Pay in Tinicum?
Injured workers can get replacement wages and medical coverage through Workers’ Comp. These should pay for all medical treatment, from emergency care to physical therapy to medication.
Wage-loss benefits pay you back for 2/3 of the wages you lose for as long as you are disabled. With partial disabilities, wage-loss benefits are calculated as 2/3 of the difference between what you made before the injury and what you make now.
Other benefits can also be paid for serious, permanent “specific loss” injuries. This comes as 2/3 of your wages for a number of weeks the Workers’ Comp Act assigns to each injury. “Specific loss” includes amputations, lost function, facial scars, and lost sight/hearing.
If a worker dies from a work-related injury, their family can claim wage-loss benefits instead. They can also claim other death benefits for burial and end-of-life medical costs.
Call Our Workers’ Compensation Lawyers in Tinicum Today
If you were hurt at work, call Cardamone Law’s Workers’ Comp attorneys at (267) 651-7945.
