Mechanicsburg, PA Workers’ Comp Lawyer

Workers’ Compensation is the best way for many injured workers to get compensated for their lost wages and medical expenses after a work injury, but accessing the benefits you are entitled to can often be an uphill battle.  Without a lawyer, many injury victims simply do not have the know-how or resources to fight denials and get their benefits approved or paid through a settlement.

Our attorneys can help you with your case by making sure you have all the paperwork and evidence you need to prove your injury and the effect it has on your ability to work.  We can also file petitions in court to get a judge to decide your case, potentially overriding any denials from the insurance carrier.  We can also help negotiate settlements and see to it that your benefits cover your needs to the full extent of the law.

For help with your injury case, call the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law today at (267) 651-7945 for a free case assessment.

What Workers Qualify for Workers’ Comp in Mechanicsburg?

Most workers who live or work in and around Mechanicsburg should be covered by a Workers’ Comp policy at their job.  Employers with even one employee who could get injured and need Workers’ Comp benefits are required to carry insurance.

Note that employee – or as the Workers’ Comp Act calls them, “employes” – means basically any worker with a “master-servant” relationship.  That is to say that any worker who has the time, place, and manner of their work controlled by their employer should be covered.  This, by definition, excludes “independent contractors,” who usually perform work on their own time and at their own instruction and merely turn in a finished project for a client who has contracted with them.  Many employers rely on this distinction to avoid having to cover injured workers, but “misclassification” is sometimes rampant in some industries at various times.  As such, it is important to have our Workers’ Comp lawyers review your case and determine whether you qualify as an employee or a contractor.

There are a few jobs and professions that simply are not required to be covered, including realtors and longshoremen.  Workers for federal employers are also covered under a separate federal system.  Otherwise, basically all workers should be covered in the case of a work-related accident.

What Accidents Are Covered Under Workers’ Comp in Mechanicsburg?

Workers’ Comp is required to cover any injuries that are considered “work-related.”  This typically includes any injuries you sustained while actually performing work.  The injury does not have to occur on your employer’s premises, especially considering the fact that many jobs take workers off site.  As such, the law looks more at whether the injury was within the scope of your work and happened while you were actually working.

One area that often confuses people is injuries during your commute or while driving from work site to work site.  Accidents during your morning/evening commute usually would not qualify as “work-related,” but injuries during an accident between sites would.  If driving to another job site is part of your work, then an accident during that trip is certainly work-related.

The seriousness of the injury is not supposed to be taken into account.  Many workers do not face high-risk scenarios at their jobs, such as workers performing “desk jobs” or jobs at grocery stores.  However, even something mild like lifting a box could result in a surprisingly serious back injury.  You could also face surprisingly serious injuries in a slip and fall, sudden electrocution accident, or other tragic accident.  Your employer cannot get out of paying for your injury just because it was worse than might be expected or because you had a previous condition that made the effects of the accident worse.  Accidents resulting in permanent harm, substantial facial scarring, lost hearing/vision, amputation, or lost function in a body part can also result in additional benefits called “specific loss” benefits.

On the other hand, some injuries can be “too mild” to get substantial coverage.  If you get hurt at work and need medical treatment, that should be covered.  However, you cannot get replacement wages for lost work unless you are out of work for over 7 days.  This often means that burns in a kitchen, a slice from a box cutter, or even a mild concussion might not result in wage-loss benefits.

Benefits and Settlements for Injured Workers in Mechanicsburg

Injured workers often need substantial medical care to treat their conditions.  Additionally, an injury that keeps you out of work for a prolonged period should be paid for their lost time.  These usually come in the form of medical benefits and wage-loss benefits, which can be paid as part of a lump settlement instead of ongoing benefits.

Medical benefits cover your treatment for the injury but not for other conditions.  This means covering surgeries, hospital stays, physical therapy, prescriptions, and more.  Care will usually be given by a doctor the employer has chosen, allowing them to set up your treatment plan and decide what is necessary.  However, if you need additional treatment the insurance carrier is reluctant to pay for, we may be able to get it covered.

Wage-loss benefits pay you back for your lost time at work at a rate of 2/3 of your normal paycheck, subject to a maximum value.  If you work part time now or took on light-duty work that pays less, your benefits are 2/3 of the difference between old and new wages.

As mentioned above, you can also get specific loss benefits on top of these benefits.

When settling a case, you can often get a lump sum as a “global settlement,” covering all areas of benefits.  Some carriers may also be willing to settle your wages but continue to pay your medical benefits as you go.  In any case, the settlement must be enough to cover what you need paid, and you should work with a lawyer to go over the potential medical care costs, any surprise costs that might arise if your condition worsens, and a projection of your wage-loss benefits up until the time you would be able to return to work.

Call Our Workers’ Comp Attorneys in Mechanicsburg, PA Today

Call (267) 651-7945 for a free case review with Cardamone Law’s Workers’ Compensation attorneys right away.