Injuries at work can leave you with serious medical conditions. These lead to time away from work, plus expensive medical bills. Our attorneys can help you get these damages compensated through Workers’ Compensation.
The process of seeking Workers’ Comp often means getting denied by your employer after your initial claim. This can be taken to court, where our lawyers can present additional evidence and ideally convince the Workers’ Comp Judge to decide in your favor. We can also negotiate a settlement in many cases, getting you the benefits you need on your time.
For a free case review, call (267) 651-7945 to speak with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.
What to Do After a Work Accident
If you were hurt at work, you may be able to file for Workers’ Compensation. But there are things you can do immediately to help yourself.
First, always get medical attention for an injury. It may seem like going to the hospital is expensive, but if you are getting treatment for a work-related injury, your employer should pay for it.
Second, document everything. Keep track of medical records and bills (though we can ask your doctors for full records later). If you can take pictures of the accident scene or take notes on everything from lighting conditions to who witnessed the accident, do so. We may be able to follow up and look for security camera footage or get statements from witnesses based on these notes.
Lastly, call a lawyer. We can begin helping you get the benefits you need as soon as you get us on your case.
Reporting a Work Injury
You should report work injuries as soon as you can. The Workers’ Comp Act typically presumes you will report the injury within 21 days, but you can technically report it up to 120 days after the accident. In any case, you need time for your employer to deny the claim, to call a lawyer, and to get your case filed before a judge within 3 years of the accident.
In any case, delaying filing will delay your benefits, so reach out to our Workers’ Comp lawyers as soon as you can.
Can I Choose My Doctors Under Workers’ Comp?
Many people are surprised to find that their employer will have a list of approved care providers. However, providers from this list are only required for the first 90 days of treatment.
After that, you can typically seek care from any licensed physician or provider of your choice, as long as they are carrying out prescribed care. This can include your primary care provider if they are equipped to bill Workers’ Comp insurance, which some providers are not.
During the first 90 days, you can also go off list if you need a specialist that is not listed. Only some of the providers on the list need to be physicians, and many could be Workers’ Comp doctors who focus on stabilizing workers and getting them back to work. You can also seek another doctor of your choice’s opinion if surgery is recommended, but you have to use the listed surgeons if you get the surgeries within the first 90 days.
Can I Reject Medical Care?
Some injured workers may have qualms about getting medical care from doctors their employer chose. They might also disagree with the treatment plans or surgery options these doctors recommend.
If you are really unhappy with the care you are receiving, nothing is legally stopping you from paying for your own medical care except the cost. Care outside of the Workers’ Comp system will not be covered.
Ultimately, refusing care the doctors say you need can be grounds for pausing or terminating your benefits, so make sure to discuss the potential consequences of these decisions with your lawyer.
When Can I Go Back to Work Under Workers’ Comp?
Workers can go back to work if they get permission from their doctors. Treating physicians will often act as gatekeepers, dictating what an employer can and cannot do during their period of disability. This can be helpful when the doctor’s assessment protects you from having to go back to work before you are ready, but it can also hurt your case when the doctor says you are ready to go back and your body tells you otherwise.
We can potentially seek out second opinions or competing reports from other physicians to be taken into account during decisions.
In many cases, a return to work means returning with accommodations at first. This might mean reduced tasks, reduced hours, or even a different job altogether. The specifics of your condition and your abilities will be different from case to case, so speak with your lawyer about the path to a return to work in your case.
What if I Cannot Return to Work?
For those facing lifelong disabilities, a return to work might never be possible. Total disability benefits can potentially issue for the rest of your life, but there are some complications.
First, after 104 weeks of total disability benefits, your employer can demand an Impairment Rating Evaluation (IRE). If the IRE doctor finds you are under 35% whole body impairment, they can switch you onto partial disability status, and your benefits will only last for 500 more weeks.
If you keep your total disability status, you can continue receiving benefits indefinitely, but they will not go up over time with cost of living or inflation. The benefit amount is set based on your average weekly wage (AWW) before the injury, and it usually equals 2/3 of that AWW. However, there is also a cap at the statewide AWW for the year (set by law each year) and a floor at 1/2 the statewide AWW or 90% of your AWW (whichever is lower).
If your condition is going to keep you out of work going forward, it might be simpler for both you and the insurance carrier to settle the claim and pay the projected benefits in a lump sum.
Call Our Workers’ Comp Specialists in Fort Washington Today
Call (267) 651-7945 for a free case review with Cardamone Law’s Workers’ Compensation lawyers right away.
