Comcast is one of the biggest companies in the state, and its workers deserve fair compensation for injuries sustained on the job. If you are a Comcast employee, you may be entitled to file a Workers’ Comp claim, but doing so can be confusing and challenging.
To file, you first need to be an eligible employee, not an independent contractor. Then you need to get medical care and report your injury to the proper parties. Then, if they grant your benefits, the first part of the claim is over. If they deny you, we can take your case to court. All of these filing and notice requirements have strict deadlines to follow.
To get started on a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
Can Comcast Employees Get Workers’ Comp in Pennsylvania?
Workers’ Compensation is available to all “employees,” which is already a confusing issue. Comcast workers might not all be “employees,” or they might even work for another company, which can complicate filing.
Employees
If you are an employee of Comcast, and they are listed on your paychecks and W-2, then you should be able to file for Workers’ Compensation through them.
Contractors
Some workers are classified as “independent contractors.” Over the years, this has become more and more popular for cable/internet companies to do with their technicians.
If you sign a contract, control the timing and manner of your job, work one-off jobs for Comcast, and otherwise act like you are self-employed, then you might be considered an independent contractor. Being paid with a 1099 instead of a W-2 is not enough to determine your classification.
If you are an independent contractor, then you are not covered under Workers’ Comp, but you can still sue for injuries. If your classification is incorrect, we can help you file as an employee.
Employees of Contractors
Some work for Comcast is performed by third-party companies that hire multiple technicians or other workers. These workers might be employees of the third-party contractor, which means their direct employer should cover their Workers’ Comp.
Some complex Workers’ Comp rules can place the burden of paying Workers’ Comp claims on Comcast if their contractor – who takes on a portion of their business for them – does not have the required Workers’ Comp insurance for their workers.
How to File for Workers’ Comp
When you get injured while working for Comcast, take the following steps to file your Workers’ Comp claim.
Get Medical Care
You need medical records diagnosing your injury and linking it to your work tasks. This also, of course, could save your life and put you on the path to recovery, which is vital.
File Your Claim
You have to provide notice of your injury within 21 days of the accident (though you can technically still make a claim if you file notice within 120 days). Comcast is a big company and might use a third-party administrator (TPA) to handle its claims instead of using an insurance carrier.
In any case, our Philadelphia Workers’ Comp lawyers can help you determine which department, supervisor, or TPA to file notice with.
Get a Lawyer
If you haven’t done so yet, get a lawyer on your side by this point. If Comcast denies your claim, we will need to move on to the next steps of filing in court, which usually requires help from a lawyer.
File a Claim Petition
Claim Petitions can be filed as soon as your employer denies your Workers’ Comp claim, but they must be filed within 3 years of the accident. The Claim Petition gets your case put before a Workers’ Comp Judge (WCJ), a special judge that only hears Workers’ Comp claims, not lawsuits.
Gather Evidence
You need evidence to win your claim. Our lawyers can help you get the medical exams needed for doctors’ reports, depose witnesses, and gather other available evidence.
The other side gets to collect evidence, too. This might require you to attend an “independent medical exam” (IME), which is performed by a doctor your employer chooses (not a truly “independent” doctor at all).
Workers’ Comp Hearings
All of the evidence will be presented to a WCJ, who will decide your claim. They are looking to see that…
- The injuries were work-related
- The injuries disabled you for at least 7 days.
Filing a Lawsuit for Injuries as a Comcast Worker
While Workers’ Comp should cover any accidental injuries you received in the course of your work for Comcast, you might also be entitled to a lawsuit. This can be filed against a third party and potentially recover damages that Workers’ Comp doesn’t cover, such as pain and suffering.
Filing
Personal injury lawsuits must be filed within 2 years of the injuries. You cannot sue your employer for work-related accidents, so you would typically file this against a third party, e.g.:
- A driver who crashed into you while you were driving between jobs
- A homeowner with dangers on their property that injured you while performing an installation/repair
- The manufacturer of defective or dangerous equipment.
Elements
Your case requires these four elements to file a valid lawsuit:
- The defendant owed you a legal duty.
- They breached that duty.
- The breach caused your accident.
- You suffered injuries and other damages.
FAQs for Filing for Workers’ Comp as a Comcast Employee in Pennsylvania
What if I Work for Comcast in Another State?
The fact that your employer is Comcast and they are in Pennsylvania might be enough to let you file your Workers’ Comp claim in Pennsylvania, but you might be able to file in your home state or the state where you were injured if you prefer.
Do I Need a Lawyer?
You should always work with a lawyer when filing for Workers’ Comp. There are stages of the case, such as evidence collection and settlement, that you might not be able to proceed through without an attorney.
How Can I Tell if I’m an Independent Contractor?
Comcast has some in-house techs, while others are hired as contractors. Telling which one you are on paper might be simple enough, but that classification could be incorrect for purposes of Workers’ Compensation.
Always check with a lawyer about the facts of your employment rather than trusting Comcast’s classification.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
Call Cardamone Law at (267) 651-7945 for a free case evaluation with our Allentown, PA Workers’ Compensation lawyers.
