Filing your Workers’ Compensation claim is somewhat simple, but filing a strong petition that will actually be accepted is a different story. The costs are usually not going to stop you from filing, but it is important to understand what those costs are and how your lawyer can make a difference.
Filing notice of injury with your employer is free; if your employer accepts your claim at that stage, the case is done with no cost. If that is denied, filing a Claim Petition with the government is also free, but it must be properly served on your employer, which might incur costs. From there, you likely need to attend Workers’ Comp hearings, which can result in a range of costs you are expected to pay up front, but which your lawyer can typically take care of and seek reimbursement for after winning.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
How Much Does Filing a Workers’ Comp Claim with Your Employer Cost?
The first stage of a Work Comp claim involves notice to your employer. When you get hurt, you should notify your employer about it within 21 days. If you wait more than 120 days, your case is over, and you cannot get benefits. The deadlines are a bit different for occupational injuries.
This notice is free; your employer should never charge you to file this notice with them.
From there, your employer gets 21 days to respond, during which they make a claim with their insurance carrier. If they reject your claim, you move on to the next filing. There may also be a temporary acceptance, then an additional 90 days for your employer to investigate before a final denial.
If they don’t respond within 21 days, go directly to the next step.
How Much Does a Claim Petition Cost?
When you file your claim with the government, you file a Claim Petition with the Department of Labor and Industry’s Workers’ Comp Office of Adjudication (WCOA). The Claim Petition is available free online, and you can submit it online, by mail, in person, etc.
Legal Fees
However, you should never fill this out on your own. Get a Pennsylvania Workers’ Comp lawyer on your side, and have them help you with the filing. As we will discuss below, Workers’ Comp lawyers are typically free up front, with no costs paid until you win your case, and nothing paid if you lose.
Process Server Fees
Importantly, this Claim Petition needs to be submitted to the WCOA – which is free – but you also need to serve a copy on your employer, their insurance, their lawyers, etc. You also need to attach proof of service to the form.
That can cost money, as service processing through a private service processor usually has a fee attached, often averaging around $100 per service. Fees for government service of process may be cheaper.
How Much Does it Cost to Bring My Case?
From there, things get more expensive. Workers’ Comp claims require a Workers’ Comp hearing. This has costs associated with evidence collection:
- Doctor’s exams
- Medical reports from doctors and experts
- Witness depositions.
Ultimately, if you win your case, your employer (through their insurance carrier) should reimburse evidence collection costs. However, these create an expensive hurdle that most injured workers cannot overcome on their own.
When you work with a lawyer, your attorney is typically leveraged to cover these costs up front, then get reimbursed by the employer at the end of the case. That allows you to bring a case you otherwise would not be able to afford.
How Do I Pay for a Lawyer?
Attorneys in Workers’ Compensation claims typically are paid out of the winnings. This is called a “contingency fee” arrangement and means:
- You pay nothing up front
- You only pay if you win
- You pay nothing if you lose
- We get a percentage of the winnings.
Amount
More specifically, the Workers’ Comp Act’s § 422 limits attorneys’ fees to 20% of the award and requires the judge to approve the fees first.
Employer Might Pay
However, you might get these fees covered by your employer, either as part of an agreement (which is rare) or as a penalty for their unreasonable denials. Employers need a good reason to deny benefits after your initial notice, and failing to give a good reason or failing to respond to the petition at all might result in penalties.
These penalties can include payment of the injured worker’s legal costs.
FAQs for Workers’ Comp Costs in Pennsylvania
Is it Worth the Cost of Filing?
It is always worth pursuing a Workers’ Comp claim. If your employer grants your claim after the initial notice, then it literally costs you nothing.
When you work with a lawyer, your attorney can give you a free case review and discuss your options and potential chances of success in your claim. If we think we can win your case, and it will be financially “worth it” at the end of the day, we will advise you of that, and you can make the decision.
Do I Have to Pay Up-Front Costs?
Filing is free; the only costs associated with the initial steps of your case are service processing fees.
From there, things get a bit more expensive, but your lawyer usually covers up-front evidence collection costs and gets reimbursed when they win. This means there ultimately may be no up-front costs.
Is a Workers’ Comp Claim Expensive?
The costs of collecting evidence, taking witness depositions, and getting medical reports can be expensive, especially if your case involves complex facts or medical conditions. Talk to our attorneys about how much it might cost to bring your case, but know that these initial costs are often reimbursed when we win anyway.
Do I Have to Pay for Workers’ Comp?
Workers’ Comp is covered by your employer; there are no premium payments you need to make, and no deductibles to pay. All medical care covered through Workers’ Comp should also be covered in full, with no deductibles or copays for the worker.
One exception is the cost of medical marijuana; insurance might make you pay for this up front, then reimburse you instead of covering it themselves.
Call Our Workers’ Comp Lawyers for Help in Pennsylvania
Call Cardamone Law’s Philadelphia Workers’ Comp lawyers for help filing your claim by dialing (267) 651-7945.
