Injuries at work are more common than many people realize. Your employer should have insurance that provides you with Workers’ Compensation benefits to help you while you recover. However, obtaining these benefits is not always easy, and you should seek help from an attorney as soon as possible.
Workers’ Comp covers work-related accidents. Accidents unrelated to work that might hinder your ability to perform your job are not covered. Benefits may be provided to compensate for lost income for as long as you are disabled, medical costs, and more, depending on your situation. It is imperative that you report the accident and your injuries to your employer as soon as possible. Delaying notice may only make it harder to claim Workers’ Compensation benefits.
To obtain a free, private evaluation of your claim, call Cardamone Law at (267) 651-7945 and talk to our Certified Pennsylvania Workers’ Compensation Specialist.
What Accidents Does Workers’ Compensation Cover in Nazareth, PA?
Workers’ Compensation benefits apply to various accidents and injuries that are work-related. Of course, each job is unique and comes with its own set of challenges and risks, so Workers’ Compensation tends to cover a wide array of accidents and injuries.
The key elements in a Workers’ Comp claim are that the accident must be work-related and it must be disabling. Compensable accidents only happen while an employee is on the job and performing job duties. You may also be covered if you are performing work that is outside the everyday tasks of your job but is still considered part of your job duties.
It is possible for accidents that happen outside the scope of your work to be covered by Workers’ Compensation. For example, if you have to travel as part of your job and you are injured at the airport, your accident may be covered by Workers’ Compensation.
Possible Workers’ Compensation Benefits
If you are approved for benefits, Workers’ Compensation covers various damages, including wage loss, medical bills, and possibly more.
Lost Wages
Being unable to work can be a serious problem, and Workers’ Comp can help you make ends meet while you are unable to work. According to § 306(a)(1) of the Workers’ Compensation Act, you may recover approximately two-thirds of your average weekly wage if you are unable to work because of your injuries or two-thirds of the difference between your pre- and post-injury average weekly wage if you are working. Benefits are capped at two-thirds of the statewide average weekly wage, which is adjusted annually.
If approved, you must receive at least half of the statewide average wage or 90% of your average weekly wage, whichever is lower.
Specific Loss Benefits
Additional benefits may be available for workers who experience specific types of losses: loss of vision or hearing, significant facial disfigurement or scarring, the total loss of bodily functions, or amputations. You may receive up to two-thirds of your average weekly wage and no less than one-half of the statewide average weekly wage for a number of weeks listed in the statute for each qualifying injury.
Medical Expenses
You can also receive compensation for your medical costs. Generally, there is no limitation on how much compensation you may receive for medical costs. The more serious your injuries are, the more medical care you may need, and the more compensation you may require to cover the costs. As long as your treatments are reasonably necessary for your recovery, they should be covered by Workers’ Comp.
In the first 90 days of treatment, you have to use a listed doctor chosen by your employer, unless certain exceptions are met.
When to File a Workers’ Compensation Claim in Nazareth, PA
Exactly how you file a Workers’ Comp claim can be tricky. In many cases, injured employees do not actually file a claim. Instead, the worker reports their injuries to their employer, and the employer files a claim with the insurance carrier. The insurance companies may approve or deny compensation based on a multitude of factors.
After an injury, you should inform your employer as soon as possible. Generally, injuries must be reported to your employer within 21 days so they can report it to their insurance company. If you do not give notice within 120 days, you might no longer be eligible for Workers’ Compensation, barring special circumstances.
Can I Sue My Employer if I File a Workers’ Compensation Claim?
Many injured workers consider filing injury lawsuits against those responsible, often their employers. However, under the Workers’ Compensation Act, an injured employee may not file a personal injury lawsuit against their employer.
However, you may sue third parties whom you believe are responsible. If you were injured because of faulty equipment or tools you use for your job, you may sue the manufacturer and still file a Workers’ Comp claim. Work Comp claims are usually filed first because they pay sooner, and then you can recover the remainder of your damages in a personal injury lawsuit.
Information You Need to Start a Workers’ Compensation Claim
To begin your Workers’ Comp claim in Pennsylvania, our Workers’ Compensation lawyers must have details about the accident. More specifically, we must be able to prove that the accident was work-related and covered by Workers’ Compensation.
We also need you to get medical care immediately and begin building medical records about your injuries. These records should say the cause of your injuries, if you can get your doctors to include it.
Doctors should be able to explain your injuries and disabilities. This may come through in your medical records, and doctors may also be deposed by the insurance company and asked to explain everything. Witnesses to the accident may also be deposed.
We also need details about your injuries. Do your injuries consist of lacerations, bruising, fractures, amputations, or something else? Your injuries may directly impact your medical expenses and inability to work, which in turn affects the amount of compensation you may receive.
Workers’ Compensation Settlement Options
It may be possible to negotiate a settlement with the insurance company instead of accepting weekly payments. A one-time lump sum payment can help you get the compensation you need up front. The key is to negotiate for a settlement that meets your current and future needs.
You settle a case by signing a Compromise and Release agreement that releases the insurance company from further liability for your injuries. If your settlement turns out to be insufficient, you cannot go back and demand a better one.
As such, it is advisable to have a lawyer assist you through this process. In fact, many courts will not accept the settlement until a lawyer explains it to you, and you can show the court that you understand what you are doing.
Contact Our Nazareth, PA Workers’ Compensation Attorneys to Begin Your Case
To obtain a free, private evaluation of your claim, call Cardamone Law at (267) 651-7945 and talk to our Workers’ Compensation lawyers.
