Hunting Park, PA Workers’ Compensation Lawyers
Workers’ Compensation is the primary route for injured workers to get paid for their injuries. Coverage for medical care plus 2/3 of your lost earnings is usually required for injury cases, all without needing to prove who was at fault for the accident.
Our lawyers help workers file claims and get these benefits, plus benefits for permanent injuries, facial scars, lost limbs, lost hearing/vision, and more. Taking your case before a Workers’ Comp Judge is often necessary if your employer refuses to pay or ignores your claim.
Call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law by dialing (267) 651-7945 today.
Types of Accidents Our Hunting Park Workers’ Comp Lawyers Help With
If you live in North Philly or anywhere in the city, our lawyers can help you get payments through Workers’ Comp for any “work-related” injury. For an injury to qualify, it has to have happened during your work tasks or in the “scope” of your work.
What Qualifies?
Typically, an injury is within the scope of your job if you are injured while doing work tasks. For example, a bus driver hurt in a bus crash or a construction worker hurt in a scaffolding collapse would qualify with a “work-related injury.”
Edge cases often deal with injuries during travel or trips for work. For example, an accident during your commute usually will not be “work-related,” but if your boss asks you to pick something up on your way in, the trip to the store and from the store to work should count.
Accidents at your workplace also typically qualify. For example, if you slip in a puddle in a leaky bathroom, are hurt by a collapsing handrail on the stairs, or are burned in an office fire, you should get compensation.
Examples
All in all, our Workers’ Compensation lawyers can typically help with these injuries, though we can help with other injuries, too:
- Back, neck, and spine injuries
- Head and brain injuries
- Falls from heights
- Slip and falls
- Traffic accidents
- Chemical and heat burns
- Repetitive stress injuries
How to File a Workers’ Comp Claim
Our attorneys can guide you through the entire process of filing your case, as it is often complex.
Notice
To start, you report your accident to your employer within 21 days. This is vital, as cases do not start until you notify your employer. If you do not notify them within 120 days, your case cannot proceed.
Response
From there, employers have 21 days to respond, at which point they will typically deny your claim. If they do grant benefits – and the amounts are correct – your case might not need a lawyer. However, you should take any problems straight to an attorney.
Claim Petition
After denial, our lawyers have 2 years to file a Claim Petition with a Workers’ Comp judge to demand your benefits. If the judge finds that your injury was work-related and you are disabled (i.e., partially or totally unable to work and earn wages), you should win your case.
Evidence Collection Before Hearings
Before a judge can hold a hearing to make this determination, there are depositions to take, medical exams to undergo, and other evidence to collect. Our lawyers can advise you along the way, help you understand what steps are mandatory, and inform you of your right to seek outside medical opinions.
Benefits Paid Under Workers’ Comp in Hunting Park, North Philly
When your benefits are paid, they should cover each of the following in full:
Medical Bills
All medical bills should be covered. This means not only hospital stays and emergency surgeries but also physical therapy, medication, mental health care, and more.
In the first 90 days of treatment, your doctor must come from a list of approved providers.
Aside from the 90-day rule, all care prescribed and carried out by a licensed provider should be covered. This can include things like chiropractic care and acupuncture, if appropriate. Medical marijuana should also be paid for, though costs might be reimbursed rather than covered directly.
Lost Earnings
Typically, Workers’ Comp pays 2/3 of lost earnings. This can go up to 90% if that is under half the statewide average weekly wage (AWW). The statewide AWW is also a cap on weekly benefits.
If you have a partial disability and work part-time or with accommodations, your benefits are 2/3 of the difference between what you made before and after the accident.
Checks usually come every week or every other week, depending on how you were paid before the injury.
Specific Loss Benefits
As mentioned, you can receive additional payments for permanent injuries, amputations, lost function, facial scars, and lost hearing/vision. These benefits are called “specific loss” benefits and come as a weekly check on top of any lost earnings.
The value is set as 2/3 of your AWW for a number of weeks listed in the statute. Different injuries have a different number of weeks associated.
Benefits for Families of Deceased Workers
If your family member was killed, you can often claim death benefits instead.
These benefits pay for their end-of-life care related to the accident and weekly wage-loss benefits. The weekly amount is the same 2/3 rate for families consisting of a spouse and two or more children. Different rates are paid depending on the makeup of the surviving family.
Additionally, up to $7,000 is paid directly to the funeral home for burial and funeral expenses.
Can I Return to My Job if I Get Workers’ Comp?
The goal of Workers’ Compensation is to cover you while you heal and allow you to return to work.
If you have a short-term injury, it is likely your employer would be happy to re-hire you and let you continue. If you can continue working with accommodations for a partial disability, you might not ultimately miss much work at all.
If your injury will be long-term, your employer has no obligation to keep your job open. They might even decide to let you go for what you did to cause the accident or for unrelated reasons. However, they cannot fire you for filing your injury claim or having a disability.
Be careful when accepting settlements, as employers often include terms that prevent you from returning to work with that employer.
Call Our Workers’ Comp Lawyers in Hunting Park Today
Call Cardamone Law’s Workers’ Comp lawyers at (267) 651-7945 for a free case review today.
