If you were hurt in an on-the-job accident, you could be left with serious injuries that keep you from working. Our lawyers fight to get workers the compensation they need through the Workers’ Compensation system.
If you were hurt, you have a limited amount of time to notify your employer and start your case. Filing before a Workers’ Comp Judge and attending Workers’ Comp hearings may be necessary if your employer tries to deny your initial claim, but our lawyers can fight for you the whole way.
Call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law for a free case review today at (267) 651-7945.
What to Do After a Workplace Accident in Allentown
Here are some of the most important things to do immediately after an accident:
Get Medical Care
Seek medical attention right away. Even if the injury seems minor now, if left untreated, it may turn into a serious problem. So, call 911 or rush to the ER.
Notify Your Employer
Notify your supervisor/manager immediately. For your workers’ compensation process to start, notifying your employer is the necessary first step.
Notice is required by law within 120 days to remain eligible for a Work Comp claim, but you are typically expected to notify your employer within 21 days of the accident.
Document Your Injury
Note down all the relevant details surrounding the incident. Names of witnesses and doctors, medicines prescribed, how the injury happened, severity of pain, and others.
Contact an Attorney
Get in touch with an experienced Allentown Workers’ Comp lawyer who can prepare a successful legal strategy and protect your rights as an injured worker.
Focus on Getting Better
When you hire the right work comp lawyer, you and your family can focus on more important matters, such as taking care of your healing, and getting better.
Your Rights as an Injured Worker in Allentown, PA
The state of Pennsylvania guarantees you certain rights if you get injured while at work.
- The right to benefits: an injured worker has the right to receive wage loss, medical, disability, and other benefits.
- The right to receive medical care: an injured worker has the right to receive appropriate medical care for as long as it’s needed.
- The right to control your treatment: if you are not satisfied with your current doctor, you have the right to consult another and choose your own doctor.
- The right to hire an attorney: you have the right to hire a Workers Compensation lawyer to litigate, resolve disputes, or initiate the claim on your behalf.
- The right to negotiate a settlement: you have the right to ask for a lump sum payment instead of cyclic benefits but consult an Allentown Work Comp lawyer to discuss its pros and cons.
- The right to a hearing: in case of any disputes regarding your workers’ compensation claim, you have the right to get your case in front of a workers’ comp judge, and even appeal their decisions.
How is Workers’ Comp Different from Personal Injury Lawsuits?
Fault
The major difference between lawsuits and Workers’ Comp claims is how the system deals with fault. In Workers’ Comp, your employer pays regardless of who was at fault, and you can even make a claim if you caused your own accident.
In a personal injury lawsuit, you have to prove that the defendant was at fault before they can be made to pay damages.
Damages
In a personal injury case, you can claim damages for any economic or non-economic damages you faced. Workers’ Comp focuses on paying only particular damages, such as medical care costs and a portion of lost wages.
You cannot claim pain and suffering damages in a Work Comp case.
Can You Use a Lawsuit and Workers’ Comp?
Yet, both these claims can be brought at the same time when your work-related injury happens because of a third party, such as a manufacturer who has created a defective product that resulted in your injury at work.
Can You Sue Your Employer After a Work Injury?
If you were working as an employee, then Workers’ Comp laws block you from suing your employer for a work-related injury. However, you are free to sue other outside parties.
This restriction does not apply to properly classified independent contractors. They have “clients” instead of “employers,” and they are not covered under Workers’ Comp, leaving them free to sue (so long as the terms of their contract do not block lawsuits).
What Benefits Does Workers’ Comp Pay?
Workers’ Compensation covers three main areas of benefits:
Medical Bills
Any expenses to treat your injury should be covered. There are restrictions requiring you to use an approved doctor or other approved provider in the first 90 days, and other care must be carried out by licensed professionals. However, there is no pre-approval for procedures; everything should be covered.
Lost Earnings
For workers who cannot work at all, wage-loss benefits are paid at 2/3 of your pre-injury wage, subject to a cap at the statewide average weekly wage and a floor at half that or 90% of your pre-injury average wage, whichever is lower.
If you are working to some extent but making less than before the injury, you get 2/3 of the difference in pre- and post-injury average wages.
Specific Loss
Additional benefits are paid for amputation, lost function, lost vision, lost hearing, and serious facial scars. These are not, however, pain and suffering damages.
The amount equals 2/3 of your pre-injury average wage, capped at the statewide average and with a floor at half that. The number of weeks you get paid this amount depends on the injury, with the Workers’ Comp Act having a listing for each qualifying injury with a number of weeks attached.
FAQs for Workers’ Compensation Claims in Allentown
Who Can File a Workers’ Comp Claim?
Workers’ Comp should cover every employee in the state, regardless of industry. However, there are certain carve-outs, such as federal workers and all realtors.
The worker typically files the injury claim themselves, with the help of a lawyer. Families can file for death benefits for a loved one killed at work.
How Long Do You Have to Sue for Work Injuries?
If you file a third-party injury lawsuit, you must do so within 2 years of the accident.
How Long Do You Have to File a Workers’ Comp Claim?
You start your claim by notifying your employer of your injuries within 21 days (120 at the latest). If they deny you and you file a claim with a Workers’ Comp Judge, you must do so within 3 years of the injury.
Can I Sue My Boss?
You cannot sue your employer, but you can sue other outside parties that might have caused the accident, such as a driver, customer, vendor, supplier, property owner, or outside company.
Injuries at work are expected to go through a Workers’ Comp claim. Your employer has to pay for this regardless of who caused the accident.
How Much is a Workers’ Comp Lawyer?
Workers’ Comp attorneys are typically paid out of the settlement or winnings in your case. They are capped at 20% of the settlement or the award from the court, and you typically pay nothing unless they win the case.
What is My Case Worth?
You can begin to understand what your Workers’ Comp benefits are worth by assessing whether you have a permanent amputation or other specific loss injury, and by calculating your wage loss benefits using 2/3 of your average weekly wage.
Medical benefits are paid directly to the care provider, so you will not get this money unless you settle your case.
How Do Workers’ Comp Settlements Work?
Workers’ Comp settlements can work in a few ways:
- Employers can settle instead of paying ongoing benefits from the outset.
- Once benefits are decided and your condition becomes stable, employers can settle for the remaining benefits.
- Settlements can include the full cost of ongoing wage-loss benefits and medical care.
- Settlements can cover just wage-loss benefits and allow you to continue getting medical care covered as it comes up.
In any case, there are also questions about whether to structure the settlement or take a lump sum, all of which our Workers’ Comp lawyers can help you with.
What Evidence Do I Need?
Your case will involve testimony from yourself and other witnesses, usually presented through depositions, as well as medical records and doctors’ reports.
What is an Independent Medical Exam?
Your employer can require you to attend a medical exam from a doctor of their choice. This is called an Independent Medical Exam (IME), but the doctor is far from independent, as they are literally paid by your employer to give them evidence to use against you in court.
Who Determines My Disability Status?
The Workers’ Comp Judge gets the final say on whether or not your injuries are disabling and whether you should receive Workers’ Comp benefits. However, the doctors who perform exams play a major part in providing evidence of your status, abilities, and disability percentage.
Who Decides Workers’ Comp Cases?
Initially, your employer decides whether to pay your claim or not, which means they usually decide not to pay. The Workers’ Comp Judge then decides the case after you file a Claim Petition with them.
Can You Appeal Denials?
You can appeal denials to the Workers’ Comp Appeal Board (WCAB), then to the Commonwealth Court, then to the Pennsylvania Supreme Court.
Our Allentown Workers’ Comp Attorneys Can Help
When you work with Cardamone Law, you are not just another file for us. Attorneys Michael Cardamone and Paul Silver review each case that we receive, and remain with you from the first day to the last.
For your free case review, call our Workers’ Comp attorneys at Cardamone Law today at (267) 651-7945.
