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Can I Get Pain & Suffering in a Workers’ Comp Case in Pennsylvania?

No.  Pain and suffering is not part of Pennsylvania Workers’ Compensation.  If you sustain an injury at work in Pennsylvania, you are entitled to two- thirds of your wage loss and payment of medical bills (and specific loss benefits if you lose a limb, toe, finger, or suffer disfigurement).  Pain and suffering damages are not available because fault is not an issue in Pennsylvania Work Comp cases. (although injuries that are self inflicted or caused by intoxication aren’t compensable, naturally). Some injured workers will receive 90% of their pre injury average weekly wage. And, there is a weekly maximum payment each year too- that changes year to year.

Pennsylvania Work Comp benefits are payable without regard to fault. In other words, it doesn’t matter if you were injured as a result of your fault (intentional injuries aren’t covered of course), the employer’s fault, or no one’s fault. Benefits are payable if you were 1) employed, 2) suffered an injury or disease, 3) in the course and scope of employment.

You Might be Able to Get Pain & Suffering if Your Work Injury was Caused by a Third Party

However, if your work injury was caused by a third party- ie, someone other than your Employer, then pain and suffering damages may be available for you in that third party suit, but not in the Pennsylvania Workers’ Compensation matter.

If you have a third party case- that is, a case against an entity other than your employer for negligence, then pain and suffering damages may be relevant. For example, if you were working and in a car accident, you would have a Pennsylvania Work Comp case against your employer, and a 3rd party personal injury case against the driver who caused the accident- assuming they were negligent and that the negligence caused the injuries. In these situations, the Pennsylvania Workers’ Compensation carrier has the right to subrogation- which means reimbursement- from the proceeds of the 3rd party case, using a specific formula.

What About Lump Sum Payments?

You hear about lump sum settlements because the settlements are for past and future loss of earning power, and medical benefits. In other words, the insurer wants to buy the claims to end their exposure- and the parties negotiate a lump sum to end the case. Not every case results in a lump sum settlement. An example of this would be if a Work Comp Judge found an injured worker to be fully recovered, or if an injured worker return to work and wasn’t interested in settling out the medical benefits.

Consequently, when injured workers hear about large lump sum settlements in a Work Comp case, the amount of the settlement factors in the loss of earning power and the agreed upon value of future medical treatment- but not pain and suffering. Because the settlements can be large, it is common for injured workers to believe that pain and suffering is part of the equation.

It is simply a trade off.  An injured worker in Pennsylvania only has to show he/she was injured in the course and scope of his/her employment- and so, in that respect, it is fairly easy to establish a work injury, but the Employers aren’t punished with pain and suffering damages because whose fault the injury was, isn’t relevant.

It is very important to recognize that every case is different. I always remind clients of this because many people call me and tell me their co-worker got X amount of money. There are probably 100 or more important distinguishing factors in any two cases. Comparing your situation to someone else’s is not a wise way to spend your time. I am available 7 days a week to give  you a free consult.

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

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"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
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"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

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"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
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"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
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"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

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"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
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Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

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