Berks County Workers’ Compensation Lawyer
When you get injured at work, you are often blocked from filing a lawsuit. Instead, you can use Workers’ Comp to get your medical bills, lost wages, and other benefits, all without needing to prove fault.
These benefits can be paid in many cases where a lawsuit would never succeed, getting you the benefits you need for yourself and your family. Our lawyers fight for you against reluctant employers and cruel insurance carriers to get your benefits started and help with additional issues throughout your claim.
Call our Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945 for a free case review today.
What Can a Workers’ Comp Lawyer Do for Me?
Our Workers’ Compensation lawyers have special certifications allowing us to call ourselves “specialists” because of our additional experience, education, and practice in Workers’ Comp law. Not only can we help you get your benefits after a work injury, but we can also deal with any of the following issues:
- Denials and appeals
- Settlements and damage estimates
- Evidence collection
- Restoring canceled benefits
- Medical exams
- Threats of retaliation
- Changes in disability status
- Restoration of benefits
- Benefits for cancer and work-acquired illnesses.
No matter what stage of your case you are in, we can fight for you.
Can I Sue for a Work Injury in Berks County?
Many injured workers think that they should talk to a lawyer about suing for what happened at work. However, the law often blocks lawsuits.
In many cases, your employer or a coworker is responsible for what happened. The law typically blocks lawsuits directly against an employer, and coworkers often have no money to pay for your injuries, even if you can sue them. Workers’ Comp still covers these injuries without a traditional lawsuit.
Other injuries are caused by the injured worker’s own mistakes. As long as you did not cause your injury intentionally, through illegal actions, or through drug/alcohol use, you should still be able to claim Workers’ Comp.
You can file lawsuits against outside parties – e.g., manufacturers of dangerous equipment or outside drivers who hit you while working – but you otherwise only have Workers’ Comp for most work injuries.
What Does Workers’ Comp Pay for in Berks County?
Workers’ Comp pays three main areas of benefits:
- Medical benefits
- Lost wages/indemnity benefits
- Specific loss benefits.
Medical coverage pays for all care needs related to your injury, and wage-loss benefits typically cover 2/3 of your lost earnings.
There are no pain and suffering damages under Workers’ Comp, but you can get additional “specific loss” benefits for amputations, lost function, lost vision/hearing, and substantial facial scarring. These are paid on top of other benefits.
If a loved one was killed in an accident, you can claim wage-loss benefits for your family instead, along with other death benefits.
What Industries Does Workers’ Comp Cover?
Berks County has many different industries, including farming, warehousing, retail, manufacturing, and more. Coverage applies to all industries in Pennsylvania.
All employees who could be injured in the state need to be covered under Workers’ Comp, regardless of industry. This covers full-time, part-time, and seasonal employees alike.
There are a few exceptions, primarily for independent contractors. These workers are considered self-employed and do not get coverage. Other exceptions carve out household workers (e.g., nannies), casual employees, and real estate agents.
Additionally, there is a separate federal system for workers with federal employers, e.g., the U.S. Postal Service or the federal courthouse in Reading.
Is My Injury Eligible for Workers’ Comp?
As mentioned, employers can deny coverage for non-employees, intentional injuries, or drug/alcohol use. Otherwise, any “work-related” injury should be covered.
An injury is typically “work-related” if it happens within the scope of your normal job duties. For example, a manufacturing worker or meat packing worker injured on the line should be covered, as should a driver injured while driving.
Additionally, injuries from unsafe conditions at work should be covered. Slippery catwalks, icy loading docks, and broken handrails can all cause injuries, whether you are actively performing core work tasks or merely moving between tasks.
Injuries while driving to a meeting, event, or work-related task can also count, as can travel for work. However, injuries during your morning/evening commute usually do not count.
Can I Get Lost Wages for My Injury?
Having a work-related injury should make you eligible for medical benefits, but wage-loss benefits are not paid unless your injury affects your earning power.
In most cases, this kicks in after you have been out of work for 7 days. If you are out long enough, back wages will be paid for the first 7 days, too.
Both total and partial disabilities should be covered. This means that you can get benefits to make up 2/3 of the difference in wages if you can still work with a reduced wage, reduced hours, or other accommodations that affect your earning potential.
While you can get permanent benefits that last for the rest of your working days, your pay rate is usually set at the year of injury, with no increase for inflation or cost of living.
Settling a Work Injury Claim in Berks County
If you settle your work injury case, then you get all of the benefits paid in one lump sum. This allows you to invest the money and removes any later scrutiny your employer might have over your ability to work. That means you can return to work when you are ready rather than when your employer wants you to.
However, settlements are not always a good idea. If your injury is hard to predict, it might get worse over time and need unexpected medical care. If those additional costs were not accounted for, your settlement might come up short. The same could happen with wage-loss benefits if you return to work but an unpredicted flare-up puts you back on disability.
Always review your settlement offers with a lawyer before accepting them to avoid any unexpected outcomes.
Call Our Workers’ Comp Lawyers in Berks County, PA Today
For a free case review, call (267) 651-7945 to speak with the Workers’ Comp attorneys at Cardamone Law.
