Prospect Park Workers’ Compensation Lawyer

When you file for Workers’ Compensation, the benefits you get can pay for all medical care and 2/3 of your lost wages, plus “specific loss” benefits for certain injuries.  However, fighting to get those benefits often requires a lawyer.

Winning your Workers’ Comp case before a judge is often impossible without a lawyer.  Plus, if you are physically disabled, it is unfair to expect you to suddenly work as your own lawyer.  Our lawyers can also help you with additional costs we can be reimbursed for when we win your case, such as the cost of exams and depositions.

For a free evaluation of your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.

Do I Need a Lawyer for a Workers’ Comp Case?

Technically, you can pursue Workers’ Comp benefits without a lawyer.  When you file notice of your injury with your employer, they might grant your benefits, and your claim might be paid without issue.  However, if they deny you, you almost certainly cannot proceed without a lawyer.

There is usually a right to proceed pro se, but Workers’ Comp has roadblocks that will stop you if you do not have a lawyer.

Costs

First, there are costs associated with evidence collection that our lawyers are leveraged to pay for.  These can all be reimbursed when you win the case, but if you cannot afford them up front, you will be unable to proceed.

Case Formalities

Second, there are forms and filings required.  Courts need these to be a certain way, and if you do not have them correct, your claim will be denied.  Workers’ Comp Judges (WCJs) are not your lawyers and do not have time to walk you through each step – but our lawyers do.

Disability

Lastly, you are trying to prove that you are disabled and need wage-loss benefits.  If you can work as your own attorney, you might be showing the court and your employer that your disabilities are not that serious after all.

How We Can Help

Our Workers’ Compensation lawyers can handle your case for you.  Not only do we have experience handling these claims, but we also have special certifications that allow us to call ourselves specialists in Workers’ Comp law.

Filing a Workers’ Comp Claim for Injuries in Prospect Park

As mentioned, you start your claim by notifying your employer of your injury.  If you miss this requirement, you cannot proceed.  Even if you think your employer already knows about the accident, make sure to document your notice.

After your notice, the employer files for coverage with their insurance carrier, but both of them can deny coverage.  If they do, you have 2 years to file your Claim Petition with a WCJ.

When the case goes before the WCJ, there will be a hearing.  You need to undergo certain medical exams the employer will pay for, but any evidence we need to collect, such as depositions and additional exams, will have costs we can pay at the beginning.

Once we have sufficient evidence to prove you are disabled and your injury was work-related, we can go to a hearing.  The WCJ will decide the case and order payment.

Do I Need to Testify at a Workers’ Comp Hearing

Most Workers’ Comp hearings will need the injured worker’s testimony.  At the hearing, the questions will usually deal with these issues:

• What happened leading up to the injury?
• What are your normal job tasks?
• Did this accident happen during those job tasks?
• What injuries did you face?
• What care did you receive?
• How did your injury affect your daily tasks and ability to work?

You are not expected to know answers to all of the technical legal questions or medical questions.  Instead, our lawyers can address the court’s legal questions and provide medical records and doctor’s reports to answer the medical questions.

Can Witnesses Testify at My Workers’ Comp Hearing?

Other witnesses typically do not testify live at the hearing.  Instead, we usually take depositions ahead of time and record that testimony in either lawyer’s office.  Additionally, doctors who examined you give their testimony and opinions to the court in reports instead of live testimony.

However, if something is important and the judge needs to get clarification, in-person testimony might be appropriate.

Types of Workers’ Comp Hearings

Our attorneys can help you with the stages of the case beyond your Claim Petition hearing.  Many cases need to go back to court, or they go to court for settlements, leading to the following kinds of hearings:

• Claim Petition hearings
• Hearings on Petitions to Modify, Terminate, or Reinstate
• Supersedeas Petition hearings
• Compromise and Release Agreement hearings (settlement hearings).

Settling a Workers’ Compensation Claim in Prospect Park

While Workers’ Comp is supposed to pay ongoing wage-loss benefits and cover medical care as it comes up, many claims are settled instead.  This pays you all of the benefits you would have gotten throughout the life of your claim at once.

Understanding Settlements

Many injuries see workers get better and return to work.  Others see workers reach a maximum improvement level, staying at that same disability level for the foreseeable future.  This often makes claims predictable, allowing lawyers to calculate how much the whole claim would be worth and reduce that to a settlement value.

Cons of Settling

Some injuries are not as predictable.  Workers might switch between total disability and returning to work with partial disabilities, only to have their injury flare up or condition worsen.  In these cases, settling can be difficult to predict.

If you face surprise medical bills or are disabled longer than expected, your settlement might fall short of covering these expenses.

Pros of Settling

Insurance carriers like settlements because they do not have to continue administering benefits.  They can pay and be done with it.

You get similar benefits.  Instead of checking in with medical exams every 6 months after the first 2 years to prove you are still disabled, you have already been paid, and your claim is done.

Reviewing Settlements

Our lawyers can review settlement offers, calculate damages to ensure they are all covered, and advise you of your rights.  Settling gives up a lot of rights, so judges also typically hold hearings to ensure the worker understands the settlement.

Call Our Workers’ Compensation Lawyers in Prospect Park Today

Call Cardamone Law’s Workers’ Compensation attorneys at (267) 651-7945 for a free case review.