When you get injured at work, you should be entitled to a Workers’ Comp claim. These are supposed to be available for nearly all employees, including Home Depot employees.
Workers’ Comp claims start with getting care for your injuries, then notifying your employer of your injury. Work with a lawyer right away to help gather the information you need, report the injury correctly, and immediately take the case to court if it is denied. If you are denied, you will need to file a Claim Petition to get your case heard by a judge, which has its own process and procedures.
For a free case review, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
The Process of Filing for Workers’ Comp Against Home Depot in Pennsylvania
Workers’ Comp claims get you benefits for your injuries and lost wages, but you have to follow particular procedures:
Getting Treatment
If you were hurt at work, you need medical care first and foremost. Go to the hospital and get the treatment you need; we’ll seek to get it compensated as part of your claim.
If you have a lingering injury and aren’t sure whether you should get treatment or not, err on the side of getting treatment. At the very least, you can call our Philadelphia Workers’ Comp lawyers at this stage and see what your steps should be.
Notifying Employer
You need to notify Home Depot of your injury, typically by telling a supervisor or manager. There may be internal systems at Home Depot to follow, but our lawyers can help you with this process.
Notice must be given within 120 days or else you lose your case, but it is typically expected within 21 days of the injury.
From there, the employer must report the claim to their insurance carrier, and they get 21 days to respond yes or no (or to extend their decision period by giving you temporary benefits).
Claim Petition
After you are denied, you file a Claim Petition with the Workers’ Comp Office of Adjudication (WCOA), and they give your case to a Workers’ Comp Judge. Our lawyers will then collect evidence, help you gather medical reports from doctors, and get everything we need to bring your case to a hearing.
The employer also gets to gather evidence by taking depositions and having you attend “independent medical exams” (IMEs).
What Does Workers’ Comp Cover?
When you get Workers’ Comp benefits, it should cover three major areas of damages – but it is also important to note what you do not get covered.
Covered – Medical Bills
The cost of all treatment for your injury should be paid for. This includes current and future medical costs, though you might see these paid through a settlement instead of as ongoing benefits.
Covered – Lost Earnings
Typically, Workers’ Comp pays 2/3 of your pre-injury wage or 2/3 of the difference in pre- and post-injury wages (subject to caps and floors). If you work at other jobs, too, they may also be required to cover those, since your injury also causes you to stop working at those jobs.
These wage-loss benefits are typically only available if you miss at least 7 days of work, but they do not need to be in a row.
Covered – Specific Loss
If you suffered any of these injuries, you get an additional 2/3 of your pre-injury wages (subject to caps and floors):
- Permanent lost function
- Amputation
- Lost vision
- Lost hearing
- Serious facial scars.
Not Covered – Pain and Suffering
Damages for pain and suffering can be paid through a lawsuit, but not through Workers’ Comp. If you are able to sue a third-party – such as the manufacturer of dangerous equipment or products – then you may be able to recover these damages in that case.
However, your employer does not pay for pain and suffering.
Not Covered – Other Economic Damages
Other costs associated with your injury and recovery might not be covered either, such as the cost of childcare or help around the house.
FAQs for Filing for Workers’ Comp Against Home Depot in Pennsylvania
Do I Have to File for Workers’ Comp?
If your injuries aren’t bad enough to miss work, and you can cover the expenses, it might be more trouble than it’s worth to file. However, if your injuries will get worse over time and you may need ongoing medical care, filing could be essential.
Definitely talk to a lawyer either way.
Can I Sue for Injuries at Home Depot?
If you are a Home Depot employee and you were injured in the scope of your work, you typically cannot sue Home Depot. However, you might have a case against equipment manufacturers for injuries on a defective lift, for example.
If you happen to work at Home Depot, but you were hurt while you were there on your off time, that should not stop you from suing the company.
Can Home Depot Fire Me for Filing a Workers’ Comp Claim?
There are many reports online of Home Depot workers who lost their jobs soon after filing for Workers’ Comp. Employers in Pennsylvania cannot fire you because you filed a Workers’ Comp claim, but they can fire you for other valid, documented reasons.
Employers often fire workers for causing the accident that injured them, and they can fire you if they don’t have available work, given your restrictions. Many agreements also see workers agree not to go back to work at Home Depot after their recovery.
However, they are not allowed to fire you in retaliation for making a claim.
How Much Are My Benefits?
Your weekly wage-loss benefits are typically 2/3 of your pre-injury weekly wage, though they are capped at the statewide average weekly wage and have a floor at the lower of half that value or 90% of your pre-injury wage.
As a quick estimate, using 2026 caps and floors:
- If your wage is anywhere from $1,045.51 per week to $2,091 per week, you get 2/3 of that number per week.
- If your wage is $774.44 to $1,045.50 per week, you get $697 per week.
- If it is under $774.44 per week, you get 0.90 times your weekly wage.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For help with your claim, call Cardamone Law’s Harrisburg, PA Workers’ Compensation lawyers at (267) 651-7945.
