Northampton, PA Workers’ Compensation Lawyers
Injured workers may have some limited ability to file lawsuits against outside parties that injured them. However, most claims are better filed through Workers’ Compensation.
This system gets you benefits for medical care, coverage for 2/3 of your lost wages, and payments for serious scarring, permanent injuries, and lost vision/hearing. It also provides these benefits where a lawsuit would be impossible, such as when your employer was responsible or you were the one who caused your own accident.
For a free case assessment, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists immediately at (267) 651-7945.
Do I File a Lawsuit for Workers’ Comp Claim for Work Injuries?
Workers’ Compensation is known as the “sole remedy” for work injuries. Certain rules block lawsuits against employers, and it is often difficult to prove a case against other parties, leaving Workers’ Comp as the best way to get compensation in most cases.
Lawsuit Limitations
Lawsuits are still allowed for work injuries, but they are often impractical.
First, you need to find an outside party to sue, which might not be relevant to your case. Second, you need to prove they were at fault before you can get compensation, something you might not have the evidence for. Lastly, you can get compensation this way, but it might involve your employer’s Workers’ Comp subrogating your claim and taking back some of the money anyway.
Other situations may allow lawsuits, but they have the same drawbacks/concerns.
Pros of Workers’ Comp
Instead, claims through Workers’ Comp can be filed for any work-related injury. As long as you are disabled enough to face 7 or more days away from work and you face lost earnings, your claim should be valid.
These claims are also no-fault claims. You can file if your employer, a co-worker, an outside party, or you were responsible for the accident.
These claims leave off certain compensation, such as pain and suffering damages. However, they do still pay extra for certain permanent injuries, lost function, amputations, lost vision/hearing, and facial scars.
Lawyers also cost less for Workers’ Comp, with a fee cap at 20% of your winnings. Contrast this with personal injury lawyers who might charge over 33%.
What Do I Need to Prove to Win a Workers’ Compensation Claim?
Initially, you file your claim with your employer, and they file with their insurance. If they deny your claim and it goes to court, we have to prove two major elements:
- Your injury was work-related
- Your injury is disabling
If your injury was not work-related, then Workers’ Comp does not cover you. You may be able to seek compensation elsewhere for injuries during your commute or outside of work hours. If your injury was work-related, then the employer has to cover all medical expenses and resulting lost wages.
Injuries are disabling if they reduce your earning capacity. Disabilities can be “partial” if you can still work but face reduced hours, physical restrictions, or reduced wages during alternative work. Disabilities are “total” if you cannot work at all.
As long as you meet these elements and are properly classified as an employee, you should qualify for benefits.
What Records Do I Need for My Work Comp Case?
Our Workers’ Compensation lawyers can help you obtain most of the records and evidence you need as part of your case. However, if you have these documents, that will help your case:
Pay Records
Proof of how much money you made before the injury can help us calculate lost earnings. If you work multiple jobs, work irregular hours, work seasonally, or otherwise have irregular income, any records you have can help us show your income.
Typically, lost earnings are paid at 2/3 of your average weekly wage before the accident. If you have a partial disability, benefits are 2/3 of the difference between pre- and post-injury income.
Medical Records and Bills
Our attorneys can obtain your medical records, but if you have any bills, statements, or records in your possession, keep them safe for your lawyer. If any of the bills you have were from this work injury, you might be able to claim them in your case.
If you have preexisting conditions or injuries, our lawyers might also be able to use medical records to define what was there before and what this new work injury caused.
Work Communications
Save any emails or letters from your employer from before the injury and during your claim. It is vital that you notify your employer of the injury within 21 days (120 at the latest), so saving their confirmation of notice is helpful.
Employers might also try to get you to settle, pressure you to drop your claim, or retaliate against you for filing an injury case. Saving all communications helps us defend your claim from attacks and potentially helps you keep your job.
Doctor’s Reports
As part of your case, you will have to undergo exams from doctors your employer chooses. We can often counter their potentially biased exams by sending you to doctors we choose, too. Their records and reports usually go straight to the court and attorneys, so no action is needed on your part.
However, it is vital that you attend all medical exams or else risk losing benefits.
How Long Does a Workers’ Comp Claim Take in Northampton?
When you initially file your notice, your employer has 21 days to decide whether or not to pay you. If they start benefits, it might take as little as 21 days. However, they can also temporarily start benefits after 21 days, reserving the right to retract them up to 90 days later.
Our lawyers can file your claim as quickly as we can with the court, though you have up to 2 years to do this. Once the case goes before the judge, there will be weeks of hearings, time for medical exams, and scheduling conflicts to sort out. This often means at least a few months before your claim is finally decided.
However, insurance carriers and employers often offer to settle well before a final decision would be made, potentially shortening your case.
Call Our Workers’ Comp Attorneys in Northampton, PA Today
Call Cardamone Law’s Workers’ Compensation attorneys right away at (267) 651-7945 for a free case review.
