Hatboro Workers’ Compensation Lawyer
Do you know what to do after a work injury? Our lawyers have extensive experience helping people in exactly your situation file claims to get themselves the benefits they need. While you might be uncertain about how to file a claim or what to do next, our lawyers can take up your case, file claims for you, and seek the benefits you need.
Work injury cases often need coverage for medical bills, lost earnings, and perhaps even coverage for amputations or other permanent losses. Workers’ Comp can pay all of these benefits, but getting your employer to agree to pay up can be difficult. We can collect the evidence needed and file the court cases to push for a settlement or else take the case to a hearing before a Workers’ Comp Judge.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945 for a free case evaluation.
Filing a Workers’ Comp Case in Hatboro, PA
When you get hurt at work, you need to report it to your employer within 21 days to start a Workers’ Comp claim. Ultimately, you can wait up to 120 days, but this slows down your case. From there, they will often deny you within 21 days or pay you temporarily, then deny you within 90 days after they research the case more.
That is where the claim really begins. Our Workers’ Comp lawyers can file a Claim Petition with a Workers’ Comp Judge (WCJ) to get your benefits granted. A hearing will be held, where we can produce witness depositions, your testimony, and doctor’s reports to prove your case.
The judge should grant benefits as long as…
- You are an employee covered under the policy
- You were injured within the scope of your work
- You have disabling injuries.
Covered Injuries
As mentioned, injuries need to be within the scope of your work to be covered. This requirement is usually phrased as “work-related” injuries.
Work-related injuries cover anything within your core work tasks, but the definition is broader. For example, a clerk at a shipping center who gets run over by a delivery truck while helping them unload boxes would certainly be covered. However, that same worker should be covered for helping a customer carry a heavy box into the store.
Even injuries that are incidental to your job should be covered. For example, if the store’s parking lot is too icy and you slip and fall or if the building burns down, either injury should be covered.
Common Reasons for Denial
Employers may want to grant your injury claim, but often, their insurance carriers will push them into denials. You can never trust that your employer – who you might have known for years – will have your back after a work injury.
The cause for denial must be legitimate, or else the employer can actually face penalties later, including potentially covering your legal fees. The most common reasons injuries might not be covered are as follows:
- Injuries after hours
- Injuries during commute
- The worker was outside their scope of work
- Intentional self-injury
- Injuries from illegal activity
- Injuries from on-the-job alcohol/drug use.
Note that while intentional self-injury is not covered, accidental self-injury is. However, your employer will heavily scrutinize this.
Does a Workers’ Comp Case Go to Trial?
Workers’ Comp cases are handled before WCJs, not in open court. These judges are the only people deciding your case; there is no jury in a Workers’ Comp hearing.
In a trial, the goal is to determine the truth of a claim based on fault. Workers’ Comp hearings are more closely tailored to Workers’ Comp cases, looking only at whether the injury was work-related and other qualifications.
However, a Workers’ Comp hearing looks a lot like a trial:
- Both sides have lawyers represent their interests
- The judge makes rulings on evidence and other issues
- Both sides present evidence
- Witnesses are called – though typically judges use depositions and reports from everyone else, you may be the only witness called in person.
At the end of the hearing, the judge takes all of the doctor’s reports, depositions, and your testimony and makes a ruling.
Can You Appeal Workers’ Comp Denials?
The initial denial in your case comes from your employer. That can be “appealed,” in a sense, by filing a Claim Petition in court to have a judge decide your claim instead.
If the WCJ rules against you, we can appeal the case further.
The first appeal goes to the Workers’ Comp Appeal Board (WCAB). This is a panel within the Pennsylvania Department of Labor and Industry designed to review WCJ decisions.
You can appeal WCAB decisions further by taking them to the Commonwealth Court. This court hears regulatory and Workers’ Comp cases, often making precedential decisions.
Lastly, you can appeal to the state Supreme Court if the case still goes against you, though this only typically happens for decisions involving big questions of law and fairness. The Supreme Court can also deny appeals if they think the lower court had it right.
Other Types of Workers’ Comp Hearings
Your initial Claim Petition will be the basis of your first hearing, but your case might need to go back to court for various reasons.
One of the most common issues is termination or suspension of benefits. This can happen if you fail to respond to requests for medical exams, if you move without changing your address, or if other technical issues arise. Our lawyers can fight to get your benefits turned back on.
We can also appeal issues dealing with changes in benefits (e.g., if you go back to work part-time), denials of medical coverage for particular treatments, improper decisions based on Independent Medical Exams, and more.
If your case settles, then all of the money is typically paid up front in a lump sum. This prevents future terminations and other issues, as the case is done and over – but settling is not always the right choice for your case. Our lawyers can guide you through the process of claims and settlements, advising you of the best options along the way.
Call Our Workers’ Compensation Specialists for Work Injuries in Hatboro, PA
Call (267) 651-7945 for a free case review with our Workers’ Comp lawyers at Cardamone Law today.
