Huntingdon Valley, PA Workers’ Compensation Lawyer
If you were hurt at work, you may be considering a Workers’ Compensation claim. Those unfamiliar with this system might find it surprising that you usually cannot sue an employer for a work injury, and you should use Workers’ Comp instead.
Our attorneys can guide you through the process of filing, getting a claim heard in court, what medical exams are needed for your claim, and what benefits you should be entitled to. Our lawyers specialize in Workers’ Compensation, and we have the experience needed to fight for you.
Contact the Certified Pennsylvania Workers’ Compensation Lawyers of Cardamone Law today at (267) 651-7945 for a free case review.
Can You Sue Your Employer for a Work Injury?
Employees cannot sue their employer for most work-related injuries in Pennsylvania. Instead, Workers’ Compensation laws require the employer to pay you for your injury without any proof that it was their fault.
This is much friendlier to injured workers and allows them to get compensation without needing to blame their employer or anyone. You can even get compensation for accidents you caused.
However, you do still have to prove two major elements:
- Your injury was work-related – it happened within the scope of your job duties.
- Your injury is disabling – you cannot work with the injury, whether you are totally or partially disabled.
A trade-off here is that pain and suffering – which is only available in a lawsuit – is not available. However, you can still sue outside third parties if they caused your accident, potentially recovering any unreimbursed costs or pain and suffering from that lawsuit. That, however, is separate from what Workers’ Comp covers.
Taking a Workers’ Comp Claim to Court
Unlike traditional lawsuits, which are filed in a regular courtroom with a “complaint,” Workers’ Comp claims go before a Workers’ Comp Judge with a Claim Petition. Your employer gets you initial notice of the injury – which you should file within 21 days – and then decides your claim. If they refuse to pay, you can go to court.
These Workers’ Comp Judges specifically hear Workers’ Comp claims and nothing else. If they also deny your claim, we can appeal further to the Workers’ Compensation Appeal Board, then up to the Commonwealth Court or even the Pennsylvania Supreme Court if needed.
What Happens in a Workers’ Comp Hearing?
For the judge to decide your claim, they need to hold a hearing.
In anticipation of the hearing, both sides need to collect evidence. This usually means deposing witnesses in our offices and getting their testimony about what happened. We do this in office instead of calling them at the hearing in most cases.
You will also need to undergo medical exams. Your employer can request you to undergo exams they pay for with doctors they trust. Our Workers’ Comp lawyers can also pay for exams with other doctors to counter any negative assessments their doctors make.
All of this evidence is submitted at the hearing. While other witnesses and experts have their testimony and opinions submitted through depositions and reports, the victim will usually testify live and answer questions from the other side, our lawyers, and the judge.
Do I Need to Undergo Medical Exams to Get Workers’ Comp?
As mentioned, part of the evidence collection stage requires you to go to medical exams. Your employer has the right to demand this, and you cannot refuse the exam without losing your benefits.
Later, after your benefits are paid for 2 years, your employer can request additional medical exams every 6 months to confirm that you are still totally disabled.
If any of these show that you can return to work with accommodations or that you can return to work at full capacity, you might lose your benefits. Our lawyers can challenge that decision, but not the fact that you have to submit to the exams in the first place.
Ultimately, if you settle your claim, you do not need to go to ongoing medical exams – but you may still need initial exams before the employer agrees to settle.
What Injuries Are Covered Under Workers’ Comp?
Workers’ Comp covers any injuries that happen to employees in the scope of their jobs. This can include many different kinds of injuries and accidents, depending on the scope of your job.
The following are all possible candidates for Workers’ Comp claims:
- Lifting/carrying injuries and other back injuries
- Falls and spinal/back injuries
- Auto accidents
- Industrial accidents
- Collapsing structures and building fires
- Burns (chemical, heat, electrical)
- Electrocution
- Slip and falls at work
- Power tool or other machinery malfunctions
- Injuries from defective or missing safety gear.
Even if you were the one who “injured yourself,” you can still get compensation so long as the injury was not intentional or from drug/alcohol use or illegal activity.
How Much Medical Care Does Workers’ Comp Cover?
Workers’ Compensation pays for all medical related to your injury treatment. In the first 90 days of care, you have to use doctors on your employer’s list of approved providers. However, if you need a specialist off the list, you can use them.
After that, you should get any necessary care covered so long as it is prescribed by and performed by a licensed provider. If there are any problems, we can go back to court to get the medical care approved.
How Much Does Workers’ Comp Pay for Lost Wages?
If you are totally disabled and cannot work at all, benefits should cover 2/3 of your average weekly wage (AWW) from before the accident. There are caps equal to the statewide AWW, and the floor is the lower of 1/2 the statewide AWW or 90% of your wages.
If you are partially disabled, you get 2/3 of the difference between your AWW before and after the injury.
Partial disability benefits can last for up to 500 weeks, but total disability benefits last as long as you need them. However, rates are not adjusted up for inflation or cost of living.
Call Our Workers’ Comp Lawyers for Help in Huntingdon Valley
For a free case evaluation, contact the Workers’ Comp attorneys at Cardamone Law at (267) 651-7945.
