When you get injured or sick while working somewhere, your employer has the responsibility to provide compensation for the injury—the medical bills, medications, and 2/3rd of the weekly average wage (in most cases it’s 2/3). However, there’s a limit to how much an employee can get for the wage loss compensation. Michael W. Cardamone—a Work Comp Attorney in Philadelphia—explains in the podcast ‘Ask The Experts’ about the intricacies involved in the Pennsylvania Workers’ Compensation Act. According to him, the maximum compensation is $1081 per week for an injury occurring in 2020. The compensation rate often amounts to the normal weekly wage as it is tax free (for low and middle wage earners).
This blog explains more of the provisions in the Workers’ Compensation Act, as explained by Micheal W. Cardamone.
Qualifying For Compensation
The work comp is a fault-free claim; that is, it doesn’t matter whose fault it is when the employee is injured, but only that they are entitled to compensation. However, compensation isn’t granted for self-inflicted injuries, intoxication, and violation of a positive work order, in some situations. Moreover, for you to get compensation it is not necessary for someone from your office witnessing the accident.
It is difficult to fake injury or disability in order to get a weekly check, as the employee is consistently monitored, has checkups and is subjected to surveillance reports that gauge whether the employee can go back to their previous responsibility.
Work Comp Case Vs. A Personal Injury Claim
It is possible to have both a work comp case and a personal injury case from the same accident. An employee can file two cases, one for personal injury and the other for work comp if they believe they got injured because of a third-party’s equipment or negligence. However, sometimes, you can lose benefits from the work comp case if the judge finds that you’re getting benefits from the third-party too. Therefore, you need an attorney to work with that. There is a complex formula used to determine how proceeds from one case can affect the other.
Settling The Work Comp Case
There are various ways in which the work comp case ends. One of the commonly used ones is the compromise and release agreement. The work comp case usually ends with a compromise and release agreement in which the employer/their insurance company gives a lump sum to the injured employee in exchange for closing the case and their resignation from employment. However, a resignation is not always necessary.
Another way to close the work comp case is if the employee returns to work at full duty with no wage loss.
The Length Of The Work Comp Case
In theory, the work comp can go on forever; however, this usually doesn’t happen. If, after two years, the authorities label your full-body disability as partial disability, you’ll be entitled to have compensation for 500 weeks more, which roughly makes 9 and a half years. This happens with an Impairment Rating evaluation or if you are deemed to have an earning power.
However, the employer usually doesn’t drag it to that point, they survey the labor market to find a job that accommodates your restrictions, as declared by your doctor or the insurer’s doctor, and let you know about the details, such as job description and pay. The threat of the Judge finding an earning power which would reduce the worker’s comp check, in this Labor Market Survey scenario, often leads to a lump sum settlement of the case.
A Final Word
If you or a loved one is suffering from an injury from work, it will be beneficial for you to get the help of an attorney who represents you in the work comp case. Hiring a professional for the job will ensure smooth trials and settlement with justice.