Hazleton Workers’ Compensation Lawyer

Injured workers should be taken care of by their employer.  Workers carry out business for their employers, and they put their health and safety on the line to do so.  When things go wrong, it is up to the employer to make things right, and that is the founding principle behind Workers’ Compensation.

Our attorneys help victims of workplace accidents and injuries file claims to get their medical bills taken care of and their wages replaced with Workers’ Comp benefits.  However, many employers are unwilling to step up to the responsibility of reimbursing injured workers, or their insurance carriers take over the claim and deny coverage to save a buck.  But we can fight to get your injuries covered.

For help with your potential claim, call the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law today at (267) 651-7945.

Workers’ Comp Specialists in Hazleton, PA

Some of our attorneys are certified specialists in Workers’ Compensation.  That means that our Workers’ Compensation lawyers can hold ourselves out as specialists because of our additional training, experience, and certifications – something most lawyers cannot do.  In fact, many lawyers who practice in the field of workplace injuries do not even take Workers’ Comp cases, cutting off one of the most likely and readily available routes to compensation for injured workers.

Our lawyers work with Workers’ Comp claims because this is the main way – and in some cases, the only way – to compensate workers for what happened to them.  Lawsuits are not typically allowed against your employer, which would leave many workers unable to get compensation at all if lawsuits were the only option.  Instead, with Workers’ Comp as the only option, injured workers can be paid for injuries when their employer was at fault, when they themselves were at fault, or even when no one was at fault and the accident truly was a “freak accident.”

How Much Does Workers’ Comp Pay for Injuries in Hazleton, PA?

Throughout Pennsylvania, injured workers can file claims with Workers’ Comp to get medical bills and lost earnings covered.  The amount paid for medical bills is going to vary drastically depending on what care you need, but the base rule is that your medical bills are paid in full.  The amounts paid for wage-loss benefits vary depending on your income, but there are specific rules.  Additional benefits could also be available for what are called “specific loss” injuries.

Lost Earning Benefits

One of the core functions of Workers’ Comp is to give you an ongoing replacement wage while you are unable to work because of a work injury.  This does not look into whether the accident was your fault or someone else’s; it merely takes into account how much you used to earn before the injury and replaces those wages with Workers’ Compensation wage-loss benefits.

To calculate wage-loss benefits, we use your average weekly wage (AWW) before the injury.  There is a cap for wage-loss benefits equal to the statewide AWW – i.e., the average wage paid to workers across the Commonwealth – which is $1,325 for 2024.

Your benefits will typically equal 2/3 of your AWW, which reaches the maximum for 2024 if your income is at least $1,987.50.  If your income is under this amount but over $993.75, then you will be paid 2/3 of your AWW for benefits.  Under that, and down to $736.11, you receive a flat benefit of $662.50 – half of the statewide AWW.  If your AWW is under $736.11, then you actually get 90% of your AWW instead.

If you have only a partial inability to work, you can still receive payments, but at a reduced rate.  This might allow you to make some income on your own, supplemented by your Workers’ Comp benefits.

Specific Loss Benefits

When it comes to injuries involving loss of a body part or total lost function for a whole body part, your injuries might not affect your ability to work, and thus the lost wage benefits you get might not accurately reflect your struggles.  Because of this, Workers’ Comp also pays “scheduled” benefits for these “specific loss” injuries, where a set number of weeks of income are paid to you at a rate of 2/3 your normal wage for your loss.

This “schedule” pays more for more severe injuries like a lost leg, arm, or eye than it does for something like a lost finger or toe.  You can find these “scheduled” benefits under § 603 of the Workers’ Compensation Act.

Death Benefits for Families of Workers Killed in Accidents in Hazleton

If a family member was receiving Workers’ Comp when they passed away from an unrelated accident, you might be able to continue receiving their benefits to help your family with income and things while coping with the loss.  If your loved one actually died because of a workplace accident within 300 weeks of the accident, then you should receive death benefits through Workers’ Comp.

These benefits pay an ongoing wage to the family of the deceased, along with benefits to cover burial and funerary costs.  Death benefits are usually paid to a spouse or children, but families often have different arrangements that might allow someone like parents, siblings or cousins who lived with the deceased, or other guardians of the victim’s children to draw on these benefits.  The goal here is to take care of the deceased worker’s family when they no longer can.

Who Decides Workers’ Comp Claims in Hazleton, PA?

When filing a Workers’ Compensation claim, you submit the claim to your employer.  They then file with their insurance carrier for coverage.  This means that some combination of your employer and their insurance carrier will make the decision about whether you get paid or not.  However, all of their decisions are reviewable by a court, and we can file for the amounts to be changed if they were calculated improperly or if they deemed you only partially disabled.  We can also potentially settle the case with the insurance company so that you have a say in how much your case is ultimately worth.

Call Our Hazleton Workers’ Compensation Lawyers Right Away

If you faced a work injury, reach out to our Workers’ Comp lawyers from Cardamone Law for a free case review by dialing (267) 651-7945.