Easton, PA Workers’ Compensation Lawyer

Workplace injuries can leave you unable to return to work on a full-time basis.  Many employers are willing to work with their workers, especially if you were injured while working for them, but their insurance carriers might not be.  This could mean that your inability to work is downplayed, or the fact that your injury was work-related is called into question.

Our attorneys help injured workers get the benefits they deserve and fight against employers and insurance carriers keeping you from getting the payments you need.  We can take claims to court, negotiate with insurance, and try to reach a settlement that covers your benefits in full.  We can also guide you through the process of reporting your injury, getting treatment, and appealing denials.

For help with your case, call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law by dialing (267) 651-7945.

Taking Your Workers’ Comp Claim to Court in Easton, PA

When insurance carriers and employers deny claims, the best recourse is often to get help from a Workers’ Comp lawyer and take your case to court.  Petitions can be filed with administrative law judges in many cases to get orders to reverse the carrier’s denial or otherwise get your benefits paid.  Often, our lawyers will also be there to help you fight the carrier’s petitions.

For example, one common issue is when the employer or their carrier seeks to have your benefits terminated.  They will file the petition in court asking for termination, and the judge will have to hear out their claim and your defense.  This might happen if they discover evidence that leads them to determine your injury was not work-related or something similar.

When a case goes before an administrative law judge, the judge will often take briefs and hear arguments.  In many cases, evidence will be presented to prove the facts at issue.  For example, the judge might need to see accident reports, medical reports, and other evidence to determine that the injury was indeed work-related or that your injury is indeed serious enough that you cannot currently work.

Judges have wide authority to grant petitions for either side that can greatly modify your Workers’ Comp benefits, but the parties can also typically negotiate the terms on their own.  Judges do not typically interfere with the agreements the parties come to on their own, which might be faster than going through hearing after hearing and appeal after appeal.

On the topic of appeals, it is also important to remember that a loss at the administrative law judge stage is not necessarily a complete loss; these judges’ verdicts and decisions can be appealed in many cases.

Negotiating Settlements for Workers’ Compensation in Easton, PA

As mentioned, the two sides in a work injury case can often come to an agreement on how benefits should be paid and administered.  This often means overriding the typical way that benefits are paid and accepting an alternative pay structure.  Because of this, you usually have to give up any further claims, so it is vital to have our attorneys help you understand what you are signing away and what you are getting in exchange when you settle your Workers’ Comp claim.

First, you typically give up any further right to appeal or modify the agreement.  Once the agreement is signed, that is the end of your case, and you cannot usually go back to a judge or the insurance company and ask for more money.  Because you only get one shot at this, it is important to make sure your settlement has enough money in it.

Second, you must go over what structure you want for the settlement.  Most settlements are “global settlements” in that they settle both the total cost of medical care as well as the ongoing wage-loss benefits paid to the injured worker.  If you were to receive these as ongoing benefits, the medical care costs could change and fluctuate over time, and the wage-loss benefits will only continue at their full value as long as you are still unable to work because of the injury.

By settling for a lump sum, you instead get all of that money at once, so it is important to make sure it is enough.  If the future of your condition is uncertain, it is possible it might get much worse and end up costing far more to treat.  In cases like these, your settlement might not have enough to cover the medical care costs.

It is rare for an insurance carrier to settle the case in part, but it is possible to settle as to medical bills or wage-loss benefits but continue receiving benefits for the other.  However, “global settlements” covering all elements of the case are far, far more common.

What Injuries Are Covered Under Workers’ Comp in Easton

Workers’ Comp is meant to cover any and all injuries you could receive as part of your job.  The goal here is to get injured workers benefits without the need to sue their employer, saving both sides from legal fees and helping get workers their benefits without requiring proof of fault.  This ultimately leaves more injuries covered.

You can get benefits for injuries that happen during your job tasks, even if they were off-site.  There is no requirement that you be physically present at some designated spot to get Workers’ Comp, and many workers – such as drivers or workers who travel from site to site – could be injured anywhere they were working and still get coverage.

Both acute injuries and work-related health conditions should be covered.  This means that things like mesothelioma, asbestosis, and various cancers should also be covered.  However, proving they were work-related might be harder.

One important type of injury that Worker’s Comp covers is self-inflicted injuries.  As long as the injury was caused by accident – as opposed to being intentional or caused through drug or alcohol use – you should still be able to get coverage for accidents that you caused at work.  Even so, insurance carriers are often unwilling to cover these injuries, so you might need to consult with our attorneys for help getting the claim approved.

Call Our Workers’ Compensation Lawyers in Easton, PA

For help with your potential case, call our Workers’ Compensation attorneys at Cardamone Law at (267) 651-7945.