Macungie, PA Workers’ Comp Lawyer
Workers’ Compensation is the primary system used to pay workers when they get injured in an accident related to their job. The benefits from this system should cover the costs of any care needed to treat the injuries you sustained, and benefits for lost wages can pay you back while you are unable to work.
Employers and insurance carriers often make getting the benefits you deserve harder than it needs to be. Our lawyers can petition a Workers’ Comp Judge to decide the case, potentially overturning the insurance carrier’s initial denial. If they challenge the work-relatedness of your claim, we can also fight to have that determination overturned.
For a free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists today at (267) 651-7945.
Why Are Workers’ Comp Claims Denied in Macungie?
Many Workers’ Comp claims are denied on the following grounds, and our Workers’ Comp lawyers can help fight these denials and get the claims approved when by taking your case before a Work Comp Judge. Insurance carriers will usually try to use these alleged problems with your claim to deny claims even when there is thin evidence that these reasons for denial are true. In many cases, they will not even have evidence to back their denial, and they will simply deny claims in the hope that you will accept the denial and move along.
Work-Relatedness
Workers’ Comp claims can only be paid when the injury is related to the injured worker’s job. This is a somewhat low bar, as many injuries occur at your place of work or are related to the tasks you were performing for your boss. Even if the actual accident happened off-site, as long as it was related to tasks within the scope of your work, Workers’ Comp should pay you.
Employers will often try to say that your injury occurred at home or on the weekend and you are merely passing it off as a work injury, but there is often copious evidence against this that can help your claim. Your doctor can also back up your claim that the injury was work-related by providing an opinion about how the accident happened. If the doctor your employer provides you denies the work-relatedness of your accident, we can help you seek outside opinions from independent doctors who will back your claim.
Lost Earning Capacity
You need to have lost earning capacity and a reduced ability to work for your claim to pay wage-loss benefits – or what the Workers’ Comp Act calls “indemnity” benefits. These benefits pay you back 2/3 of your average weekly wage from before the accident if you are totally disabled or 2/3 of the difference between your pre-injury and post-injury wages if you can return to work at a reduced income or workload.
If your employer or their insurance carrier says that you actually are not injured that badly and you should be able to return to work, then they will deny you benefits for ongoing lost wages. Usually, this decision needs to be based on some medical evidence; the insurance carrier cannot just say no because they want to. We can also seek evidence to counter this claim and show you are disabled, helping the Work Comp Judge come to the right decision in your case.
Self-Inflicted Injuries
Although Workers’ Comp covers injuries from most sources – including accidents you caused – it does not cover injuries you caused yourself intentionally or while under the effects of drugs or alcohol. If your employer’s insurance carrier tries to say that you hurt yourself on purpose, we can provide depositions from witnesses and supervisors as well as potential security camera footage or other evidence to show that the accident truly was an accident and that it should be covered.
Denials Without Reason
Sometimes insurance carriers simply ignore claims or provide no valid reason for a denial. These denials can often result in a successful petition for benefits if they continue to have no good cause to deny your petition when the case gets to court. Additionally, when employers and insurance carriers break the rules, the court can often issue penalties against them.
Common Work Accidents Eligible for Workers’ Comp Benefits in Macungie
Each case needs to be analyzed individually to see if the facts justify benefits for your injury, but the following types of accidents and injuries are often eligible for benefits under Workers’ Comp as long as the accident was related to your job tasks:
Auto Accidents
If you drive as part of your job, then any injuries from work-related auto accidents should be eligible for Workers’ Comp benefits. In this case, it would not matter if you were the driver or a passenger, and damages should be paid either way. Transportation injuries are one of the most common work accidents out there.
Back Injuries
Whether lifting and carrying is part of your daily tasks loading trucks, working in a warehouse, stocking shelves, or even moving patients around, your back is vulnerable to injury from excessive or repetitive strain. Over time, the condition of your back can deteriorate, eventually resulting in a slipped or herniated disc or some other back injury that takes you out of work and results in potential surgeries and ongoing therapy needs.
Falls
Falls off ladders, from the back of a truck, from scaffolding, or from other high places can result in serious injuries during the fall. From soft tissue injuries to broken bones to traumatic brain injuries and spinal cord injuries, these injuries can often leave you with substantial disabilities. Even something simple like a fall-down injury from slipping or tripping at your workplace should qualify as a work-related injury that could result in coverage for broken bones, head injuries, and back injuries.
Call Our Workers’ Comp Lawyers in Macungie Today
For a free review of your potential claim, call Cardamone Law’s Workers’ Comp attorneys at (267) 651-7945.