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If I Am An Injured Employee In Pennsylvania, Do I Need To Prove Negligence By My Employer To Get Work Comp Benefits?

No. If you are injured while in the course and scope of your employment, you do not need to prove negligence. Negligence will apply if you have a 3rd party case– that is a case against some entity other than your employer, but not in your Pennsylvania Work Comp situation. For example, if you were injured in a car accident at which time you were furthering the interests of your employer, you would have a work comp claim against the employer where negligence is not an issue, but a third party case against the driver who caused the accident where negligence (i.e., fault) is the critical issue.

Note, however, that injuries which are intentionally self inflicted or caused by a violation of law, will not be considered work-related injuries. But negligence isn’t part of the equation. If you were lifting boxes and failed to bend your legs in a way that would have helped to prevent the injury, it doesn’t mean you didn’t sustain a work-related injury.

The specific language of Section 301(a) of the Pennsylvania Workers’ Compensation Act which speaks to this issue, states, “Every employer shall be liable for compensation for personal injury to, or for the death of each employee, by an injury in the course and scope of his employment…without regard to negligence….”

Because negligence is not required in a Pennsylvania Workers’ Compensation case, there are no pain and suffering damages available. The available benefits are for wage loss (2/3) and medical benefits- and specific loss for certain situations such as loss of use of a body part for all practical intents and purposes, amputation, binaural hearing loss, etc.

In summary then, the Pennsylvania Workers’ Compensation Act sets forth a no fault scheme. The key is whether the injury was in the course and scope of employment. (believe me when I say there are hundreds of cases interpreting this language), and of course, whether the injury was disabling.

For more information about Pennsylvania Work Comp Law, call or email highly experienced PA Work Injury Lawyer, Michael Cardamone@ 215-206-9068 or Michael@cardamonelaw.com

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Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
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"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
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"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews