Workers in and around Glenside who face injuries at work should work with a lawyer right away. Employers and their insurance carriers will do whatever they can to deny and block Workers’ Comp claims, making it hard for workers to support themselves and their families after an injury.
Our attorneys are prepared to take your case and fight your employer to get you the benefits you deserve. Whether this means negotiating a settlement that can support you or taking your case before a Workers’ Comp Judge for a neutral hearing, we can help.
For your free case review, call Cardamone Law’s Certified Workers’ Compensation lawyers at (267) 651-7945.
Who is at Fault for a Work Accident?
Generally speaking, fault is not the most important issue in a Workers’ Comp claim. In a lawsuit, you have to prove that the defendant was at fault before you can get compensation from them, but Workers’ Compensation requires employers to pay whether they were at fault or not.
Many accidents are caused by an employer’s dangerous or negligent conduct. From OSHA violations to dangerous workplace conditions to lacking training and understaffing, employers make a lot of mistakes that can get people hurt. However, you do not need to prove that they were the ones to cause your injuries before they can be ordered to pay you through Workers’ Comp.
This no-fault aspect of Workers’ Comp means you can even get damages paid if you were 100% at fault for your own injuries. The only caveat here is that it must have been an accident. Claims are denied if you injured yourself…
- Intentionally
- Through drug use
- Through illegal actions
- Because you were drunk.
Why Was My Claim Denied?
Employers and their insurance carriers will deny claims as much as they can on the chance that an employee stops the fight there. When you are denied benefits, you have the right to file a Claim Petition and take your case to court for decision by a neutral Workers’ Comp Judge, but many workers do not know they can do that.
Employers need to use reasonable grounds for a denial, or else they risk paying penalties later – potentially including full coverage of your attorney’s fees. Because of this, they tend to rely on some of the most common excuses:
- Claiming the injury happened outside of work or during violations of company policy that puts your actions outside the scope of your job duties
- Claiming that you caused them intentionally or through drug use, alcohol use, or illegal activity
- Claiming that the injury does not prevent you from working, and therefore you should not get wage-loss benefits
- Claiming insufficient evidence or other technical issues with documents you submitted
Employers can also claim late notice, but that only blocks claims if you file later than 120 days after the injury.
How Do I Get a Denial Overturned for Workers’ Comp in Glenside, PA?
Workers whose employers deny their initial claim can file a Claim Petition with a Workers’ Comp Judge (WCJ) within 2 years of their initial injury. This puts the case in a neutral judge’s hands instead of leaving it to your employer – the defendant – to decide.
If you are unsatisfied with the WCJ’s decision, you can appeal your case to three successive levels:
- The Workers’ Comp Appeal Board (WCAB), a part of the Pennsylvania Department of Labor and Industry
- The Pennsylvania Commonwealth Court, a statewide intermediate appellate court
- The Pennsylvania Supreme Court
While the first two levels must hear any appeals filed on time, the Supreme Court can refuse to hear your case if it believes the case was properly decided. The WCAB focuses more on applying the laws as written, while the Commonwealth Court and the Supreme Court have more power to interpret unclear or new legal issues.
Who Can File a Workers’ Comp Claim in Glenside?
Workers’ Comp is designed for all employees. This means that store workers, bartenders, school employees, transportation workers, and more can all file for Workers’ Comp, so long as they are not independent contractors or self-employed.
You have a case for Workers’ Comp for any work-related injury, meaning an injury that happened within the scope of your work. Any time you get injured and spend more than 7 days away from work because of it, you likely have a case.
Workers with more serious injuries that keep them totally disabled for a prolonged period might have a more expensive case that carriers are more likely to fight. Contrast this with a worker who is only out of work for a couple of weeks and might get full pay in their initial claim.
In any case, you can always call our lawyers for a free case consultation to discuss your eligibility and next steps.
How Much Does Workers’ Comp Pay?
Workers’ Comp pays for all medical expenses to treat your injury, wage-loss benefits, and specific loss benefits. Medical bills will fluctuate depending on your care needs, but wage-loss and specific loss benefits are somewhat easier to predict and estimate:
Wage-Loss Benefits
Wages are paid at 2/3 of your normal wage while on total disability. For partial disability, they are paid at 2/3 of the difference from what you made before your injury.
These are also subject to caps and floors. If 2/3 of your average weekly wage (AWW) is over the statewide average weekly wage (SAWW), then you are capped at the SAWW. If you have low wages, you get the lower of half of the SAWW or 90% of your AWW.
This means, for 2025 numbers, the maximum weekly pay is $1,347. For workers making under $1,010.26 per week, 2/3 of your wage would be under the minimum, so you get $673.50 instead (half the SAWW). If your wages are lower still – under $748.33 per week – then you get 90% of your wage.
Specific Loss
Each injury listed in the Workers’ Comp Act has a time period (in weeks) assigned to it. You get 2/3 of your AWW for each week listed.
For example, loss of an index finger pays 50 weeks at 2/3 your AWW; the loss of a forearm pays 370 weeks at 2/3 your AWW. These only apply to total loss or total loss of function but are otherwise quite set-in-stone calculations.
Call Our Workers’ Compensation Attorneys in Glenside Today
Call our Workers’ Comp lawyers at (267) 651-7945 at Cardamone Law for your case evaluation.
