You may be familiar with the idea of a lawsuit, but if you were never injured at work before, you might underestimate the relief that Workers’ Compensation can give you. If you were injured by something your employer did or you accidentally hurt yourself, a lawsuit might be impossible.
In these cases, Workers’ Comp is still available, and it can pay full benefits. Our lawyers have experience handling claims in court and fighting denials for our clients to get them the benefits they need for a serious work injury.
For your free case review from the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law, call (267) 651-7945 today.
How Can a Workers’ Comp Lawyer Help Me?
Our lawyers understand the ins and outs of the Workers’ Compensation system. We even have special certifications based on years of experience, certain specific types of experience, and additional exams proving our specialization in Workers’ Comp cases.
As your Workers’ Comp lawyers, we can…
- File Claim Petitions and other petitions in court
- Negotiate settlements
- Challenge denials and unfair rulings
- Work to get medical care approved
- Challenge terminations and modifications.
All in all, a lawyer is typically necessary for your injury case.
As a practical matter, disabled workers cannot be expected to essentially operate their own law firm; you typically need a lawyer for that reason alone. Otherwise, there may be financial hurdles in evidence collection that our lawyers can tackle for you, getting reimbursed when we win your case.
Our lawyers only take a fee out of the winnings in your case; there is no up-front fee, and we are limited to charging 20%. Fee arrangements must also be approved by a judge, keeping an extra layer of protection in place.
Can I Settle My Workers’ Comp Claim?
Many claims end in settlements. This is often easier for both sides, as the insurance carrier does not need to look over your shoulder and make sure that you are still disabled, and you do not need to continue proving your disability to keep your benefits.
When you settle your case, our attorneys have to account for all future costs, including additional medical care costs you will face going forward and any changes in work ability.
A settlement is typically paid in a lump sum so that you have the money up front. Some of it might need to be “set aside” in special accounts if you are close to Medicare age so that you can prove to Medicare you are not using their coverage for your work injury.
All in all, our lawyers will advise you every step of the way in calculating your settlement and making sure you understand the terms. A judge must also sign off on the settlement after a brief hearing.
What Will Happen at My Workers’ Comp Hearing?
Claim Petitions that do not settle usually go to a hearing before a Workers’ Comp Judge (WCJ). This WCJ will need evidence like medical exams, doctor’s reports, financial statements, job market data, depositions, and your own testimony to make their decision.
During this hearing, the judge needs to determine whether your injury was work-related and whether you are truly disabled. There may also be questions about your work status – i.e., questioning whether you are a qualifying employee or a disqualified independent contractor.
You typically need to testify at your own hearing, but our lawyers can guide you through this process. The judge will not expect you to understand complex legal or medical questions, and you can instead focus on the facts of what happened and how the injury affects you going forward.
What Work Injuries Are Covered?
Most people suffer some kind of acute, traumatic injury. This often involves a single accident, fall, or other event that leaves you with wounds, broken bones, back injuries, head injuries, or some other obvious harm.
While this is certainly supposed to be covered, not every case has these kinds of accidents. Claims can also be filed for repetitive stress injuries that eventually become impossible to work with, such as elbow or wrist injuries. They can also cover work-acquired illnesses like mesothelioma, black lung, or various cancers.
The most important requirement for your injury is that it must have happened within the scope of your work, and it must be disabling to get you both medical coverage and lost wages.
What Are the Common Causes for Denial in Hatboro Workers’ Comp Claims
Workers’ Comp claims can be denied for a number of reasons, but these are some of the most common:
Claim Not Work-Related
If your employer believes that your injury happened outside of work and you are trying to pass it off as a work injury, they will deny you. They can also say that the injury was outside the scope of your work if you were doing something off-task or you went away from your work site.
Injuries during your typical morning/evening commute are not covered in most cases.
Intentional Injuries, Drug/Alcohol Use, and Illegal Activity
If you hurt yourself on purpose, that blocks coverage and can be considered fraud. However, employers can also deny claims if the worker was injured because of lawbreaking activity, drug use, or alcohol use.
However, they need evidence that this was the cause.
Independent Contractor
Employers only have to cover their employees, not contractors. However, many employers misclassify workers, treating workers who they should cover as contractors, all in violation of state and federal laws.
If your employer controls your work closely, you work under your own name, and you make an hourly wage or salary (instead of a contract price), you are likely an employee. The fact that you are paid with a 1099 is not, by itself, enough proof you are a contractor.
Call Our Workers’ Compensation Lawyers in Ambler Today
No matter what industry you work in, call Cardamone Law’s Workers’ Comp attorneys at (267) 651-7945 for a free case review.
