Lower Paxton Township Workers’ Compensation Lawyer

After many workplace injuries, Workers’ Compensation is your only route to recovery.  Lawsuits are not practical or possible in many situations, and when you are injured, you need benefits now.

Workers’ Compensation can pay you lost wage benefits along with medical care costs and “specific loss” benefits.  These payments can be a lifesaver while you are unable to work, and our lawyers can help you get them.  Whether you ultimately settle your case or receive ongoing benefits, our attorneys can advise you every step of the way and fight to maximize your benefits.

Call (267) 651-7945 for a free review of your injury case with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists.

When to File a Workers’ Compensation Claim in Lower Paxton

Workers’ Comp claims pay for nearly any work-related injuries without the injured worker needing to prove that someone was responsible for their injuries.  This is essentially a no-fault system, and it can compensate you for claims you would not be able to sue for.

Cannot Sue Employer

Lawsuits need a defendant, and the law blocks you from suing your employer.  While you can potentially sue someone outside your workplace, most injuries are going to be blamed on unsafe conditions, improper training, or dangerous coworkers – something your employer is responsible for.

Cannot Sue Yourself

Many other accidents are caused by the worker who gets injured.  You cannot sue yourself, but Workers’ Compensation can still pay you for your injuries.  Claims are blocked if you injured yourself on purpose, while taking drugs, while drinking, or while committing a crime, so claims are limited to accidents only.

When to Give Notice

You should notify your employer within 21 days of the accident to start your claim – and you must notify them within 120 days at the latest.  Our Workers’ Compensation lawyers can help you with this initial filing and support you through denials and appeals.

Appeals Process for Workers’ Comp Denials

Employers often deny Workers’ Compensation claims, potentially on weak grounds.  This still means having to take the case to a Workers’ Compensation Judge (WCJ) and filing a Claim Petition to get your benefits granted in court.

This is technically not an appeal but the beginning of your legal case.  Your employer and their insurance carrier will fight the case and try to get it shut down, but proper evidence can show the WCJ you deserve payment.

If your claim is denied, you can appeal to the Workers’ Comp Appeals Board, a government body that hears appeals and decides rules for Workers’ Comp claims.  If they deny the claim, you can appeal again to the Commonwealth Court, a statewide court with jurisdiction over administrative law and Workers’ Comp.

From there, denials can be appealed again to the Pennsylvania Supreme Court, though they can deny your petition to appeal.

Qualifying Workers’ Comp Injuries

Most work-related injuries will qualify for Workers’ Comp.  You can file for injuries in all sorts of industries and accidents as long as the injuries happened during job tasks.

Workers’ Comp covers acute injuries and injuries that happen over time.  This means that broken bones or amputations from sudden accidents and muscle or tendon injuries from repetitive stress can also be covered.  Work-related illnesses like cancer can also be claimed.

Reasons for Denial in Lower Paxton Township Workers’ Comp Claims

Employers have grounds to deny claims on two major grounds and one technical ground.

Not Work-Related

If an employer thinks your injury happened outside of work and you are trying to pass it off as a work injury, they can deny you.  However, this kind of denial is dangerous.

Employers need some facts or reasons to base their denial on.  The mere suspicion that you were lying is usually not enough.  If an employer denies a claim for frivolous reasons, the court can order them to pay your legal fees when you win.

Medical opinions can help provide proof that the injury was work-related, but testimony from witnesses will also be vital.

No Disability

Workers’ Compensation claims involve three areas of benefits: medical bills, wage-loss benefits, and specific loss benefits for amputations, lost function, lost hearing/sight, and facial scars.  Most claims can pay for emergency medical treatment automatically, but wage-loss benefits only issue if you are disabled for more than 7 days.

If the employer thinks you are not actually disabled and should return to work, they can deny your claim.  Doctors’ opinions will usually govern your disability status, but the employer pays for your doctor.

This often means we need outside medical opinions to show how serious your injury is and that you cannot work.  If you can work, medical reports will detail the extent of your abilities and what job accommodations you need during partial disability.

Both partial and total disabilities can get you Workers’ Comp benefits.

Not an Employee

Employers only cover Workers’ Comp payments for employees.  If your employer misclassifies you as an independent contractor, they might seek to deny you on those grounds.  However, if they misunderstood this definition or intentionally misclassified you, we can seek benefits anyway.

What Qualifies as a Work-Related Injury for Workers’ Comp?

An injury is work-related if it happens within the scope of your job.  This means that injuries at your workplace or from the core functions of your job should always be covered.

The “scope” of your job is often broader than an employer might light.  For example, a truck driver’s job involves physically driving the truck, but injuries while refueling or unloading should also be covered.  Similarly, a construction worker’s job might be to build, but falling through broken flooring while walking into work is still “work-related.”

Injuries during your morning/evening commute or while on lunch breaks typically do not qualify as “work-related,” though injuries during work-related outings (e.g., running errands or attending a lunch meeting) should qualify.

Call Our Workers’ Compensation Attorneys in Lower Paxton Township Today

Contact Cardamone Law’s Workers’ Comp lawyers by calling (267) 651-7945 for a free case assessment.