Doylestown, PA Workers’ Comp Lawyer

Workers’ Compensation is the definitive system for compensation after a work-related injury in Pennsylvania.  The law often prevents lawsuits against an employer, but Workers’ Comp pays damages for lost earnings and medical bills regardless of who caused the accident.

To get Workers’ Comp, you initially file with your employer, but it is up to them to accept or deny the case, and denials are quite common.  From there, it is best to get a lawyer involved as we take your case to court and seek to get your benefits paid or to settle your case for a fair lump sum value.  Insurance carriers and employers often have tools to try to shut down victims who are not represented by lawyers and make it too expensive for them to pursue claims without the assistance of an experienced lawyer.

For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 today.

Workers’ Comp vs. Lawsuits for a Work Injury in Doylestown, PA

Workers’ Comp is commonly referred to as the “sole remedy” for work-related accidents and injuries.  This is because the law prevents lawsuits directly against an employer after an injury that was work-related, meaning that the only way to get damages in some cases is through Workers’ Comp.

Trouble with Lawsuits

If you were to be able to sue your employer, you would have to prove that they were at fault for the accident before you could get damages.  In many cases, the employer’s direct actions did not cause your injuries – and in a good share of work injury claims, the victim is actually the one who caused their own injuries.  Because of these complications, you might never actually be able to sue for your injury.  Even so, Workers’ Comp is still available to pay your benefits regardless of fault, even if you caused the accident.  The only time your case should not be paid under Workers’ Comp is if you caused your injuries intentionally, while doing something illegal, or while drinking or using drugs.

Fees and Expenses

If someone else caused your injuries, you may be able to sue them separately from your Workers’ Comp case to recover pain and suffering and any other damages not covered by Workers’ Comp.  However, that case often involves hiring an outside personal injury lawyer, who might recover 33% or more of your damages as their attorney’s fees.  Workers’ Compensation attorneys are capped at 20% of the award in your case, meaning our lawyers cannot take as much of your damages even if we wanted to.  Filing a lawsuit along with a Workers’ Comp claim is also complex because the insurance carrier often has the right to “subrogate” your claim and take damages out of your lawsuit to pay them back for the Workers’ Comp benefits they already paid you, potentially leaving you with little money or even less than you started with after your Work Comp claim.

In any case, our lawyers are available to discuss your claim with you and help you understand the best route to compensation, the complications your case might face in the Workers’ Comp process, and how your damages will be best paid for.

Benefits Available Through Workers’ Compensation in Doylestown, PA

Workers’ Comp pays three main areas of damages to injured workers and, if the worker passed away, death benefits to their family:

Medical Benefits

Workers’ Comp should cover all medical care related to the injury as long as it was work-related.  This includes any hospital stays, surgeries, medication, and more.  Some treatments may be difficult to get coverage for in the first place if they are novel or if the insurance company believes they are ineffective for your condition, but our lawyers can seek reviews that may be able to get your care approved.  In the first 90 days of treatment, you may be required to use a doctor on your employer’s list of approved care providers, but seeing specialists not on that list is typically allowed.  After 90 days, you choose your care providers.

Lost Wages

Wage-loss/“indemnity” benefits pay you back for around 2/3 of your lost wages while the injury affects your ability to work.  If you are completely unable to work, your total wage-loss benefits typically equal 2/3 of your average weekly wage from before the accident, with certain caps and floors put on the weekly or bi-weekly payments.  If you can work at a partial capacity doing light-duty or alternative work, you can often receive 2/3 of the difference in your old and current wages.

Sometimes, injuries get better and then get worse again.  If you have not settled your case, you can often go back and reopen your claim so that you can go back on benefits if your initial injury takes you back out of work after you make your return.

Specific Loss Benefits

If you face substantial facial scarring, lost sight, lost hearing, amputation, or permanent loss of function, you can claim “specific loss” benefits for that loss.  The Workers’ Comp Act sets a certain number of weeks’ worth of benefits for each injury on the list, including lost fingers, lost toes, lost arms, lost legs, lost eyes, and more.  A combination of permanent injuries can result in additional specific loss benefits according to the terms of the Act.

Death Benefits

When a loved one dies from a work-related accident, the Workers’ Comp Act requires payment directly to the undertaker for reasonable funeral/burial costs up to $7,000, and your family can claim replacement wages.  The benefits are paid as a percentage of the state-wide average weekly wage determined based on the number of people in the family the wages are supporting and whether the widow/widower is the parent of all of the victim’s surviving children.  For a family with a surviving spouse and two or more children, the family receives the victim’s full 2/3 share the victim would have received as wage-loss benefits if they survived the accident.

Call Our Workers’ Comp Lawyers in Doylestown Today

If you were hurt at work, call (267) 651-7945 to chat with Cardamone Law’s Workers’ Compensation attorneys about your potential case.