Your hips are a vital part of your body’s structure. All of your strength goes through your hips when performing physical labor, and you definitely need your hips in good condition to sit at a desk for sedentary work, too. This makes Workers’ Comp important if you injure your hips at work.
If you suffered a hip injury in the course of your work, Workers’ Comp should pay for it. This can cover all kinds of medical treatment, plus lost earnings. From dislocations to broken bones to needing a hip replacement, Workers’ Comp benefits may be available.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today for a free case evaluation.
Does Workers’ Comp Cover Hip Injuries?
Workers’ Comp can cover any injury – including hip injuries – that meet these criteria:
Work-Related Injury
The injury must happen either because of your work tasks or because of dangerous conditions in your workplace. This often includes injuries that occur…
- While lifting or carrying
- From repetitive use over time (e.g., bending, lifting)
- In accidents (falls, car accidents, etc.).
Any other injury that is sufficiently caused by your work will also qualify.
Disabling Injury
The injury needs to be “disabling” for wage-loss benefits. Medical care can be covered regardless, but you only get lost wages if your injury keeps you from regular work for at least 7 days.
What Kinds of Hip Injuries Qualify for Workers’ Comp?
Hip injuries come in many forms, but the following are more likely to qualify for Workers’ Comp because they are serious enough to keep you from working:
Tears
Tearing cartilage, tendons, or muscles in your hips or pelvic area can require physical therapy and surgery, keeping you out of work for a prolonged healing period.
Dislocations
Dislocating your hip could require surgery to fix it, though some dislocated hips can be fixed in a doctor’s office. It could also require physical therapy and light duty work (or totally refraining from work) for some time after the procedure.
Broken Bones
A broken hip/pelvis will often require imaging (e.g., MRIs), surgery to install pins and rods, and a long healing process. This could also require physical therapy and light duty work for a prolonged period.
Serious injuries, such as car accident injuries, could result in severe broken hips that could permanently disable you.
Joint Replacement
Repetitive stress and strain over the years could wear down the cartilage in your hip joints, requiring a joint replacement. This should be covered through Workers’ Comp if the strain was caused by work conditions.
What Benefits Does Workers’ Comp Pay for a Hip Injury?
Workers’ Compensation typically pays for medical benefits and lost wages after a work-related hip injury.
Medical Benefits
Medical benefits cover all medical costs, from imaging to surgery to recovery costs. You may be required to use a doctor from your employer’s list of approved panel doctors in the first 90 days. However, sometimes you need a specialist that is not on the list, and you can choose that provider.
After 90 days, you can use providers you choose.
Wage-Loss Benefits
While your wages are reduced because of the injury, you can get around 2/3 of your pre-injury wage paid as wage-loss benefits, subject to caps and floors. If you perform partial work, you get 2/3 of the difference in wages instead.
How long these benefits last will depend on whether the injury is totally disabling (35% “whole-body impairment” or higher) or partially disabling (under 35%). Total disability pays as long as you are still totally disabled, while partial disability is 500 weeks max.
Specific Loss Benefits
If an injury involves amputation or total lost function, Workers’ Comp can pay additional “specific loss” benefits. Most hip injuries see victims regain at least partial function, so these are not common.
However, an injury that totally crushes your hips and puts you in a wheelchair would likely qualify for lost function in your legs. That pays an additional 2/3 of your pre-injury wage for a period listed in the statute.
What Doesn’t Workers’ Comp Pay for with a Hip Injury?
Workers’ Comp does not pay pain and suffering. However, you may be entitled to these and other damages through a lawsuit.
Why Would a Hip Injury Claim Be Denied Through Workers’ Comp?
Workers’ Comp claims are typically denied for these reasons:
Not Enough Proof of Work-Relatedness
If your employer or their insurance carrier does not see enough evidence linking the injury to your work, they might deny the claim. This does not necessarily mean they think you are lying and it happened outside of work; it just means there isn’t enough evidence yet.
Further doctor’s reports and additional evidence may prove otherwise as we take the case to a formal claim.
Not Enough Proof of Disability
If your doctors all say you can work with the injury, it might not be “disabling.” This should not stop you from getting necessary medical care, but it may stop wage-loss benefits.
In many cases, we can provide additional medical evidence to get this decision overturned in a formal claim.
Improper Reasons
Employers might also deny your claim for improper reasons, hoping that you just give up. Always work with our Chester County, PA Workers’ Comp lawyers to avoid being taken advantage of.
Can You Sue for Hip Injuries at Work?
Sometimes, you can file a lawsuit for a work injury. You cannot sue your employer in most cases, but you can file lawsuits against outside third parties.
This is common for hip injuries suffered in a car crash, because of defective safety gear, or in some other kind of accident caused by an outside third party.
How Long Do You Have to Report an Injury?
Workers’ Compensation laws give you up to 120 days to report the accident, but you should report it within 21 days to avoid delays.
How Long Do You Have to File a Formal Claim?
Once your claim is denied, you can file a formal claim with the state by filing a Claim Petition. This must be filed within 3 years of the initial injury.
When Should You Get a Lawyer?
You should call a lawyer as soon as you can. Our lawyers can help you file your initial notice of injury with your employer, negotiate with the insurance carriers, and attempt to get the claim granted early on.
If it is denied, we can get started on a formal claim as soon as possible to avoid further delays.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Call Cardamone Law’s Harrisburg, PA Workers’ Compensation attorneys immediately at (267) 651-7945 for a free case evaluation.
