Workers in and around King of Prussia are entitled to Workers’ Comp benefits when they get injured on the job. Work-related accidents are your employer’s responsibility, and they are supposed to have Workers’ Comp insurance to pay you, but convincing them to pay is often harder than it should be.
Our lawyers can take your case to court with a Claim Petition and have a neutral Workers’ Comp Judge (WCJ) decide your case instead of leaving it to your employer to decide. When you get denied, contact us as soon as you can to start getting the medical exams and evidence you need to build a strong case.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
Injuries for Workers at King of Prussia Mall
King of Prussia Mall is obviously one of the largest workplaces in the area. As the fourth largest mall in the U.S., it understandably hires thousands of workers who could face potential injuries at work.
While some workers have KOP itself as their direct employer, most work for the stores, vendors, and restaurants inside and outside the mall. When you file a claim, you typically file against your direct employer.
All industries are covered under Workers’ Comp, meaning that you can file for serious burns in a restaurant, falls while mopping in the central areas of the mall, or even assault by unruly customers while stocking shelves. As long as an injury is “work-related” and you are an “employee,” you can typically file for benefits.
What Medical Benefits Does Workers’ Comp Cover?
Your employer should pay for medical care if you get hurt on the job. This coverage should pay for emergency treatment, follow-up care, and more as long as your injury was work-related.
This can even cover physical and mental health therapy, as well as surgeries. However, in the first 90 days of your treatment, you usually have to use a provider from your employer’s list of approved providers.
How Much Does Workers’ Comp Pay for Lost Wages?
If your injury keeps you from returning to work, you can get compensation for the wages you miss. These are sometimes called “indemnity” benefits.
For a total disability where you cannot work at all, the injury pays 2/3 of your average wage from before the accident for the total length of your disability. If your disability goes on for years, you will not face wage increases, and you will face scrutiny every 6 months after the first 2 years to check if you are still disabled through an Independent Medical Exam (IME).
For partial disabilities, you can get up to 500 weeks of partial benefits. These are paid as 2/3 of the difference in what you were paid before the accident and what you make now.
Other Benefits Under Workers’ Comp in KOP
If you suffer a permanent injury, you can get a specific number of weeks of benefits on top of your other benefits. These pay for these injuries:
- Amputation/total lost function
- Loss of hearing
- Loss of vision
- Serious scars to the face.
The rate for these benefits is 2/3 of your average wage before the injury.
Additionally, if you are filing on behalf of a loved one who passed away, you can get their benefits paid to your family instead. The rate for wage-loss benefits might change depending on how big your family is.
Death benefits also include a stipend for burial costs paid to the undertaker.
Do I Need an OSHA Violation for a Workers’ Comp Claim?
Many workers are injured because of safety violations in the workplace. If you were suing your employer, then it might matter that they violated the law for you to be able to prove your case. However, Workers’ Comp does not require a showing of fault before you can get benefits.
This means that, for this claim, it does not necessarily matter if your employer broke the law or not. Accidents happen, and Workers’ Comp covers both preventable and unavoidable accidents.
However, OSHA violations are a separate issue. You can – and should – report unsafe work conditions. Whistleblower protections usually apply for reports, and these can help keep coworkers and future employees safe from the same kinds of issues that hurt you.
Can I Be Fired for Filing Workers’ Comp?
Filing a Workers’ Comp claim is protected and cannot be the reason for firing you. However, your employers might still have to let you go if you cannot work for them while you are healing or if your disability prevents you from coming back to work.
In these cases, letting you go is legal if they have a good reason, but it cannot be done as retaliation for filing your claim. If your employer merely drums up some “legal” reason as an excuse, courts can often see through that.
Sometimes, causing an accident is a justifiable reason for firing you. Workers’ Comp still covers accidents you might have caused yourself, but that does not protect you from being fired for causing that accident.
Lastly, you get Workers’ Comp from the employer you were working for when you were injured, whether you still work for them or not. Even if you were fired, they still have to pay your Workers’ Comp benefits.
Common Excuses for Workers’ Comp Denials in King of Prussia
Most Workers’ Comp claims are initially denied by your employer and only get granted or settled later after taking your case to court. An employer must have a good reason to deny you, or else they can be penalized and forced to pay for your attorney’s fees. This leads to denials for some of these common causes:
- Injury was not work-related
- Injury was not disabling
- Injury was not properly reported
- Worker was an independent contractor instead of an employee.
We can examine the facts of your case and seek evidence to overturn these determinations.
Reach Out to Our Workers’ Compensation Attorneys in King of Prussia Today
For help getting started on your case, call Cardamone Law’s Workers’ Compensation attorneys at (267) 651-7945.
