Getting Workers’ Compensation can be the difference between having your injury compensated and struggling to move forward after a serious work injury. Benefits can cover lost wages and medical care, plus reimburse you for certain injuries.
Our attorneys will help with filing for compensation by bringing your case to a Workers’ Comp Judge, negotiating with your employer for a settlement, and overall representing you through what might be one of the worst times in your life.
For a free case review, call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
What is a Workers’ Compensation Specialist?
Some of our attorneys have a special certification in Workers’ Compensation. Usually, lawyers cannot hold themselves out as specialists, but our certification proves that we have completed additional hours practicing in the field, that we have experience with certain types of cases, and that we have passed additional exams to get this title.
Overall, this means that our lawyers know the Workers’ Compensation system better than other lawyers, and we have the title to prove it. You know by our certification that we can represent you in your case, fight insurance carriers and employers, and take cases before Workers’ Compensation Judges.
Do I Need a Lawyer?
It may sound self-interested coming from Workers’ Compensation lawyers, but we believe everyone should have a lawyer represent them in every Workers’ Comp case. In many cases, you cannot even progress forward without a lawyer.
If you are seriously injured and cannot get back to work, then it is likely you cannot work as your own lawyer right now, to begin with. Aside from that, there are stages in your case – such as the evidence collection stage – where you might not have the cash on hand to pay for doctor’s appointments, depositions, and other evidence collection. Our lawyers have the abilities and financial leverage to take care of these things for you.
At the end of the case, we can recover our fee as a portion of your winnings, which is capped at 20% of your winnings. In some cases where defendants provide unreasonable denials, we can even include attorney’s fees in the claim. We can also recoup the cost of evidence collection at the end.
Do I Have a Workers’ Comp Claim?
Workers’ Compensation claims have a strong start if you meet all of these criteria:
Your Injury Was Work-Related
Injuries must be work-related to get coverage under Workers’ Comp. This means they occurred while you were doing work tasks, not while you were out on lunch or on your way home from work (in most cases). However, this can include injuries during work-related travel, off-site work tasks, errands, trainings/retreats, and conferences.
Injuries do not have to be from one acute accident, like a fall or explosion. You can also get benefits for work-related illness or from repetitive stress injuries that happen over time.
Your Injury is Disabling
You can file a claim for medical coverage under Workers’ Comp regardless of how long-term or disabling the injury is, but wage-loss benefits can only be paid for disabling injuries. Many workers are totally disabled, meaning they cannot work at all.
You can receive 2/3 of your average wage if you are not working at all. However, if you do return to work and make less than before the injury, you can claim 2/3 of the difference in wages. Benefits are capped at the statewide average weekly wage, but there is also a floor of either 1/2 that rate or 90% of your average wage, whichever is lower.
If you are totally disabled, your benefits last until your condition improves. After 104 weeks on total disability, the insurance carrier can request an Impairment Rating Evaluation (IRE), and if that shows you are under 35% whole body disability, your benefits are converted to partial disability.
This does not immediately change the rate, but it means you can only get 500 more weeks of benefits at that status.
Your Injury was Accidental
Injuries can happen from nearly any source and still be covered. This includes falls, electrocutions, and even workplace violence. You can even get benefits for accidents you caused.
However, you cannot get coverage for injuries you caused yourself on purpose or because of alcohol use, drug use, or illegal activities.
How Much Are My Benefits?
To calculate your total benefits, you need to look at three areas:
Wage-Loss Benefits
As mentioned, wage-loss benefits are usually 2/3 of the victim’s pre-injury wage or 2/3 of the difference in wages before and after the injury if you return to work. If you are a low-wage earner, you get either 1/2 the statewide average or 90% of your average wage, whichever is less.
The statewide average, which also functions as a cap on these wage-loss benefits, is set by statute every year. In 2025, it is $1,347 per week.
Specific Loss Benefits
After your total disability benefits are done, you can also get 2/3 of average wages paid for a number of weeks set by statute if you had a qualifying injury. These “specific loss” payments cover only permanent loss, such as amputation, lost function, serious face scars, lost sight, and lost hearing.
These also face the same cap at the statewide average, and the floor is calculated as 1/2 that cap (i.e., 1/2 the statewide average weekly wage).
Medical Benefits
Medical benefits should cover all reasonable medical expenses to treat your injury. In the first 90 days, you can only use medical providers on an approved list, but after that, any prescribed treatment carried out by a licensed professional should be paid.
The values will therefore change based on what care you need.
Can I Settle My Claim?
Many cases are ultimately settled, with all of the above damages being paid in a lump sum instead of as you go. Always talk to a lawyer before settling to make sure the calculations are correct. Workers’ Comp Judges will also typically hold a hearing to make sure you understand your settlement before signing off on it.
Call Our Workers’ Compensation Lawyers in Bala Cynwyd Today
For your free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.
