After an injury at work, you may not know where to turn. Our attorneys can help you with your next steps by helping you report your injury, file a claim, and get Workers’ Compensation benefits for your injury.
Rarely do insurance carriers and employers agree to pay you all the benefits they owe you without a fight, which is where our services are the most helpful. We can attempt to negotiate a settlement that pays your full benefits or take the case before a judge to seek out your benefits in court.
For your free case evaluation with our Certified Pennsylvania Workers’ Compensation Specialists, call Cardamone Law at (267) 651-7945 right away.
When Do I Need a Workers’ Comp Lawyer?
Workers’ Comp is used for nearly any work injury. There are a few exceptions – such as for federal workers, independent contractors, and realtors – but otherwise, any injury you sustain at work should potentially qualify you for a Workers’ Compensation claim.
There is no situation during a Workers’ Compensation claim where you should go forward without a Workers’ Comp lawyer on your side. In any claim, insurance carriers will work to deny benefits and reject claims, making the worker go to court to get the denial overturned. This puts you in a difficult situation a lawyer can help with.
Not only do we know the processes to go through and law required to get you the benefits you need, but we have additional certifications as Workers’ Compensation Specialists. We can put this to work for you, fighting your claim in front of a Workers’ Compensation Judge, negotiating your claim with the employer, and even fighting appeals and taking care of other filings.
Let us handle your case while you focus on what is most important: recovering and getting back on your feet.
What Injuries Qualify?
You can file a Workers’ Compensation claim for nearly any injury sustained in the course of your work. This commonly involves injuries like these:
- Broken bones
- Back injuries
- Electrocution injuries
- Concussions
- Cuts/lacerations
- Amputation (with or without reattachment)
- Crush injuries
- And more.
As long as the injury was sustained during work tasks, it should likely qualify. That means it does not necessarily have to happen at your office or workplace, especially if you work at multiple sites or work on the road (e.g., as a driver).
Injuries can be serious or mild, and the benefits you qualify for might vary. For example, nearly any injury that requires medical treatment should have that treatment covered, but not every injury is serious enough to get wage-loss benefits. These only come if you were out of work for more than 7 days, and the first 7 days are only paid if you are eventually out for at least 14 days.
Can I Get Partial Disability Benefits?
Sometimes workers are deemed “partially” disabled. This status often means you are able to return to work or perform available work. You can be switched from total disability to partial disability after 104 weeks of total disability benefits and an Impairment Rating Evaluation (IRE) that deems you under 35% whole body impairment.
Partial disability lasts up to 500 weeks, though they do not necessarily need to be consecutive.
How Are Total Disability Benefits Calculated?
Total disability benefits are paid for as long as your injury keeps you unable to return to work. These benefits usually are 2/3 of one’s average wage from before the accident, though you can actually get up to 1/2 the statewide average wage or 90% of your average if 2/3 of your wage is under those values.
These wages are also capped at the statewide average, which is $1,347 per week in 2025. This value is set by law and changes year to year, but your wage-loss benefits do not go up each year. They are set based on the year you were injured, and they stay at that level as long as your disability continues.
Wage-Loss Benefits While Working
During any week of disability where you are working for less than your pre-injury wage because of the injury, your wage-loss benefits are 2/3 of the difference between your pre-injury and post-injury wages.
Specific Loss Benefits for Amputations and Other Permanent Injuries
In the Workers’ Comp Act, there is a list of injuries that includes…
- Amputations
- Total loss of function
- Serious facial scars
- Lost hearing
- Lost vision.
These injuries allow “specific loss” benefits to pay you back for the injury itself. The rate for these is typically 2/3 of your average wage, paid for a number of weeks the statute assigns to each listed injury.
There is also a maximum benefit set at the statewide average wage. The minimum is a bit different and equals 1/2 the maximum (i.e., 1/2 the statewide average weekly wage).
Can You Get Pain and Suffering for a Workplace Injury Through Workers’ Comp?
Workers’ Compensation does not pay pain and suffering damages. Specific loss benefits are a bit different from pain and suffering and should not be confused as the same thing.
However, people applying for Workers’ Compensation can sometimes file a separate lawsuit, covering pain and suffering and other damages that Workers’ Comp does not pay for. You cannot sue your boss – and you obviously cannot sue if you caused your own accident – but you can sue third parties such as product manufacturers and drivers for causing your injuries.
If that lawsuit is successful, it might cover pain and suffering that you have not already gotten paid for, but it can also double up on coverage for some damages Workers’ Comp already paid. In these cases, the Workers’ Comp insurance carrier may be able to claim back some of those damages, so talk to an attorney before making any moves.
How Long Do I Have to File?
Injuries typically need to be reported within 21 days to get benefits on time. Once your claim has been rejected, you can file before a Workers’ Comp Judge, which must happen within 3 years of the injury.
However, you should talk to a lawyer much sooner than 3 years and get your case filed as soon as you can to avoid delaying your benefits.
For a Free Case Review, Call Our Attorneys in Harleysville Today
Reach out to Cardamone Law at (267) 651-7945 for your free case review with our Pennsylvania Workers’ Comp attorneys.
