Hatfield, PA Workers’ Compensation Lawyer

Claiming damages for an injury at work can be a complex process, but our lawyers are prepared to take you through every step of your claim.  When you are hurt at work, your employer is supposed to pay you for medical bills and replacement wages, but the process of getting a finalized settlement from their insurance carrier or an order from a Workers’ Comp Judge often requires help from a lawyer.

Our attorneys specialize in Workers’ Compensation claims, and we represent injury victims in their claims.  Never try to get payment from Workers’ Comp on your own, and certainly never accept a settlement without speaking to our attorneys about your case.

For help with your claim, call our Certified Pennsylvania Workers’ Compensation Lawyers from Cardamone Law today at (267) 651-7945.

How Workers’ Compensation Works in Hatfield, PA

When people get hurt, their first thought is often to wonder whether a lawsuit is available.  Alternatively, they might think about an insurance claim to get them the damages they need.  Workers’ Compensation combines elements of both systems to help injured workers get compensation for their work injuries in a way that they do not need to prove fault first – something that can be incredibly helpful in cases where they were actually the ones to cause their own injuries.

System Before Workers’ Comp

Before we had a Workers’ Comp system, employers had to be sued.  This means you would need to prove they were at fault, but many work injury cases simply involve situations where an employer is not actually at fault or where particular laws would insulate them from suit, making compensation incredibly difficult to get for workers.  Since many accidents are caused by the worker who was injured, there would also be no one to sue in those cases.

Workers’ Compensation

Instead of using this system, the law changed to require every employer to cover their workers’ injuries regardless of who caused the accident that injured them.  This shifts the burden to employers and removes the need to prove fault in exchange for blocking lawsuits against employers.  This means that if you were hurt at work, Workers’ Comp is what is known as the “sole remedy” for you.

You may still sue third-party defendants, such as a driver who hit you at work, but your employer is required to cover certain damages by statute.  They usually pay these damages from their insurance carrier.

Workers’ Compensation Insurance

Employers pay for insurance for their workers.  No workers should ever have to contribute to or pay into Workers’ Comp insurance like they do with unemployment or Social Security.  Instead, the employer is required to have sufficient coverage, and claims are addressed with their insurance carrier.

Since the employer is the policyholder, you actually notify them of injuries at work and they file the claim with their provider.

Handling Claims

When an employer is confronted with a claim, the employer and their insurance carrier only have grounds to deny a claim when there is reason to believe the injury did not actually occur within the scope of the worker’s employment or if they believe the injury is not actually disabling.  If they believe you do not qualify as an “employee,” that would also fall into the first category of denials.

Unfortunately, many employers simply deny claims or ignore them without any grounds, making it impossible for injured workers to get the benefits they need without taking the case to a Workers’ Comp Judge (WCJ) by filing a Claim Petition with the help of their Workers’ Compensation attorneys.

Benefits and Settlements for Workers’ Comp in Hatfield, PA

When you get your Workers’ Comp case granted, you would typically receive ongoing benefits.  These cover medical expenses to treat the injury as those expenses arise, including medication costs, therapy costs, and additional surgical needs.  You also get ongoing wage-loss benefits equal to 2/3 of your lost wage (or 2/3 of the difference in pre- and post-injury wages if you work part-time), subject to certain caps.  Workers can also receive “specific loss” damages paid on account of certain permanent injuries, losses, lost function, facial scarring, and lost sight/hearing.

Employer’s Acceptance or Denial

Employers can accept a claim outright when you file it, or they can accept it temporarily, investigate further, and decide to deny it without any downsides or accusations of going back on their promise to pay if they change their decision within a certain time period.  An initial denial or a denial after this period often means your lawyers can file a Claim Petition with a WCJ or negotiate for a settlement.

Workers’ Comp Settlements

If a settlement is negotiated, the employer and their insurance carrier will essentially pay all of the money they would have paid over time in one lump-sum payment.  Instead of getting ongoing lost wages or medical coverage, you would instead get the money now, and you can put it toward those expenses as they come up.

When settling, it is vital to review your case with a lawyer and determine what your benefits would have been worth as ongoing benefits.  This includes calculating how long you would have needed wage-loss benefits for, potentially requiring us to consult with financial experts and medical experts to determine your prognosis and the future effect on your ability to work.  If we can reach a reasonable settlement that covers your expected needs, you can sign what is known as a “Compromise and Release Agreement,” giving up any further claim for damages and accepting the insurance carrier’s money in agreed-upon terms.

WCJs often need to preside over hearings to make sure you understand your rights when signing settlement agreements, and there may be other technical matters to take care of, such as calculating the present value of some of the future costs, determining any annuity schedules, accounting for Medicare Set Asides if you are currently on or soon to be on Medicare, and more.

Call Our Workers’ Compensation Attorneys in Hatfield, PA Today

Call (267) 651-7945 for a free case evaluation with the Workers’ Compensation lawyers at Cardamone Law.