Working at Aramark could subject you to many potential kinds of injuries, depending on what jobs you do at the company. Anything from auto accidents to burns during food prep to machinery injuries in their facilities could allow you to file a Workers’ Comp claim with the company.
To start your claim, you have to provide proper notice to Aramark of your injuries. They will then be able to investigate and determine whether or not to grant your claim. If they deny you, our lawyers can file a Claim Petition with the state to start your official claims process.
For your free case review, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
Filing Notice of Injury at Aramark
For a Workers’ Comp claim to start, you should report your injury within 21 days of the accident. You should get medical care and document the injury well before doing so.
Filing Deadline
If you file late, you may still be able to file as long as you do so within 120 days of the injury. However, 21 days from the injury date is expected.
Some occupational illnesses give you up to 300 weeks, and you can still file your claim as long as you were disabled by that illness within that time period. However, always err on the side of working with a Pennsylvania Workers’ Comp lawyer and filing your initial claim as soon as you can.
What Happens Next?
From there, you wait until your employer decides your claim. Aramark may work with a third-party administrator (TPA) instead of an insurance carrier, but either way, they typically get up to 21 days to make a decision.
If they grant you temporary benefits, they can get themselves an additional 90 days to decide your case, then turn off the benefits if they decide to deny you.
Filing an Official claim with the Workers’ Comp Office of Adjudication
After you are denied, you can file a Claim Petition with the government to continue your case.
Filing Deadline
You have to wait until after denial before you can file a Claim Petition. Alternatively, if you report your injury properly and they do not respond at all within 21 days, you can file at that point.
You must also file this Petition within 3 years of the initial injury.
How to File
You file the Petition through the Workers’ Comp Office of Adjudication. This is part of the Department of Labor and Industry and is responsible for work injuries throughout Pennsylvania.
They will assign the case to a Workers’ Comp Judge (WCJ) who will handle further hearings and accept evidence for the case. These cases do not go to court before a judge and jury and instead go to these specialized WCJs.
What Happens Next?
From there, you will work with our attorneys to collect evidence, get the medical reports we need, and attend depositions to gather more testimony about the case. The defense also gets a chance to hold their own depositions and have you attend exams with their chosen doctors – known as “independent medical exams” (IMEs), despite the fact that the doctor works for your employer and is not meaningfully “independent.”
Can I Sue for Injuries at Aramark?
Because of the widespread nature of Aramark’s business, there are many potential opportunities to sue outside parties for your injuries. While Workers’ Comp laws prevent a lawsuit against your employer for work-related injuries, you can sue other parties for their liability.
This commonly allows lawsuits for
- Dangerous premises your work might take you to (e.g., while making deliveries)
- Transportation accidents (e.g., for truckers)
- Defective product injuries (e.g., appliances, machinery, and tools)
- Defective safety gear.
These claims are filed in the county court where the accident happened, which our lawyers can also help you with.
FAQs for Workers’ Comp Claims for Aramark
What Aramark Employees Can File for Workers’ Comp?
All “employees” can file for Workers’ Comp. You might not be able to file if you are hired as an “independent contractor” instead, though even that depends on the actual facts on the ground, not the status your employer claims.
What Do I Have to Prove in My Case?
Your claim will be based on two elements to get coverage:
- Is the injury work-related?
- Did it disable you for at least 7 days.
Injuries qualify as work-related when they are caused either by work conditions (dangerous premises, exposure to toxic materials, etc.) or if they occur during work tasks (while preparing food, while driving, while making repairs, etc.).
Disabilities do not need 7 consecutive days, but if the injury will keep you from working, you can file a wage-loss claim for the earning potential you lose.
What Benefits Does Workers’ Comp Cover?
Workers’ Comp covers three major areas of benefits:
- Medical bills to treat your work-related injury (paid directly to the care provider unless you settle your case)
- Wage-loss benefits to cover 2/3 of your pre-injury wages or 2/3 of the difference in current and pre-injury wages (with caps and floors)
- Specific loss benefits to cover certain amputations and other permanent injuries (with caps and floors).
How Long Does it Take After filing to Get a Decision?
Your initial claim must be decided within 21 days of your initial filing. Your employer can, however, grant you benefits on a temporary basis and get themselves up to 90 more days to make a final decision.
Once you are denied, your ability to open a Claim Petition opens up. The same is true if your employer goes 21 days without answering you; you can treat that as a denial.
If they miss these deadlines, you may also be able to seek penalties against them.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For help with everything from preparing your claim to filing to negotiating benefits, call Cardamone Law’s Philadelphia Workers’ Comp lawyers today at (267) 651-7945.
