Workers in Feasterville deserve adequate compensation after a work injury. Suburban areas like Feasterville have workers in all kinds of industries, but regardless of your income level or industry, most employees are required to be covered under Workers’ Comp.
However, getting full compensation out of Workers’ Comp is not always straightforward. Employers and their insurance carriers put up barriers to compensation that our lawyers can usually tear down. We can file in court and negotiate with the defense to get your benefits paid in full.
Dial (267) 651-7945 for a free case review with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.
Do I Have Workers’ Comp Insurance?
All employees in Pennsylvania are supposed to be covered under Workers’ Comp. This means your employer has to have insurance to pay for your work-related injuries, your medical costs, lost earnings, and other additional benefits paid for certain listed permanent injuries.
These are not insurance policies that you, as an employee, need to get or even pay for. Having Workers’ Comp is a requirement for your employer to worry about.
When you file your claim, the employer’s Workers’ Comp insurance carrier pays it, which technically makes the employer the policyholder. These insurance companies do not work for you, and you should not trust them or your employer to handle your case with your best interests in mind.
How Long Do I Have to File a Workers’ Compensation Case?
Workers should notify their employer of their injury within 21 days of their injury. This gives you a reasonable amount of time to get medical care and learn about what to do before notifying them. This notice functions as the start of your claim.
Most claims will be rejected, which your employer is required to do within 21 days of receiving your notice. They can alternatively approve your claim and start paying you or accept on a temporary basis for up to 90 days before denying you.
Claim Petitions
Once your case is denied, you can file in court by submitting a Claim Petition. This will go before a Workers’ Comp Judge to decide the claim instead of your employer.
This Claim Petition must be filed within 2 years of your initial injury date. Filing any later can block your case.
Maximum Deadlines
If you wait more than 120 days to tell your employer about your injury, you lose all rights to Workers’ Comp claims. There is an exception for cancer and other illnesses, which often do not appear within the 120-day period. With these – and with prompt filing – you can get compensation as long as the disability appeared within 300 weeks of your last work with that employer.
Is Workers’ Comp Different from a Lawsuit?
Workers’ Compensation is not technically a lawsuit. Lawsuits are filed in a court of common pleas, which has the power to hear all kinds of cases. Workers’ Comp is instead handled through the Department of Labor and is administered by special judges who only hear Workers’ Comp cases.
At the end of the day, many of the policies and structures are the same. For example, both sides can use lawyers, and both sides have to follow the Rules of Evidence. However, instead of a plaintiff (the victim) and a defendant (the at-fault party), we technically have a petitioner (you) and a respondent (the employer).
The core differences that will affect you are these:
- There is no trial by jury. Instead, judges hold hearings to decide issues.
- Damages are set by statute. You can get medical bills, 2/3 of your lost wages (in most cases), and damages for certain permanent injuries, but no pain and suffering or other economic damages.
You cannot sue an employer or yourself, so Workers’ Comp pays for many injuries that would not be compensated in a lawsuit.
Separate Lawsuits for Work Injuries
Workers’ Comp is also separate from a lawsuit, meaning that if there is a third party you can sue, Workers’ Comp does not stop you from doing so. However, you cannot get paid twice; you will often have to pay back the Workers’ Comp carrier for anything the lawsuit pays you that they already reimbursed you for.
How Can I Afford a Workers’ Comp Lawyer?
Most Workers’ Comp lawyers – our firm included – can be paid out of the winnings of your case. This fee structure means that you usually do not have to pay for anything at the outset, and our attorneys only get paid if we win your case. This gets more people access to lawyers since most people cannot afford a lawyer up front.
The Workers’ Comp Act requires any pay structures like this to be approved by the Workers’ Comp Judge. It also requires a cap at 20% of the amount awarded. This often allows injured workers to walk away with a higher percentage of the winnings than in a personal injury case, where attorneys often charge at least 33% of your total winnings.
In some cases where the employer gives unreasonable excuses for failing to pay, we can even get the judge to order them to cover your attorney’s fees as a penalty. We can also get additional costs for medical evaluations, depositions, and other evidence collection reimbursed upon winning your case, allowing us to pay for these costs for you up front.
What Does My Workers’ Comp Lawyer Help With?
As mentioned, our lawyers can stand up for you in court, front the cost of evidence collection, and negotiate your case with your employer. We can advise you of your rights, help you analyze settlement offers, and advise you about what to do with your case.
Our attorneys have additional training and experience that allows us to call ourselves Certified Pennsylvania Workers’ Compensation Specialists, something that not every injury lawyer can do.
Contact the Feasterville Workers’ Comp Lawyers at Cardamone Law Today
Call (267) 651-7945 for your free case assessment with the Workers’ Comp lawyers at Cardamone Law.
