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The Official Partner of the American WorkerSM
$2.2 Million
Spinal Injury
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Lower Back Injury

What Are Workers’ Compensation Penalty Petitions in Pennsylvania?

A Pennsylvania Workers’ Compensation Judge has the discretion to award penalties for violations of the Pennsylvania Workers’ Compensation Act. The WCJ can award up to 50% of the amount at issue.

And, they are not required to order any penalty to be paid.

Penalty Petitions: Easy to File, Tough to Implement

Penalty Petitions, admittedly, are easy to file, and not always easy to execute — especially if it stems from unpaid medical bills.

Demonstrating when a bill was sent and with what forms and/or records, and to whom isn’t as easy as it may appear at the outset.

But for other types of penalties, things are not as burdensome. For example, you enter into a Compromise & Release Agreement, the WCJ issues an Order on January 2, 2023, approving it, and the checks aren’t mailed until February 9, 2023 — clearly more than 30 days from the WCJ’s Order.

Pro tip: don’t believe it when counsel says the checks were “issued” on X date- issued isn’t relevant- when they were mailed is- see the envelope date containing the checks.

However, even in these circumstances, hardly any penalties get awarded. It’s time for the pendulum to swing, back to a reality where rules mean something.

It’s An Imbalanced System That Hurts The Injured Workers More

Why can’t we have an automatic 5% baseline penalty for a check being mailed one day late? There is a sense of malaise when it comes to penalties — and as a Claimant’s lawyer, we are often pressured to withdraw the Penalty Petition once the payments are made.

Why? No penalty?

The often unspoken quid pro quo is that it will be made up to us when we need a favor, perhaps, or with a lump sum settlement offer.

Is that realistic? Why is everyone allergic to an automatic penalty, something objective, at least with respect to the late mailing of claimants’ checks and attorneys’ fees if applicable (which are likely the majority of penalty petitions)?

Injured workers have bills like everyone else and they’re under a lot of stress from the nature of our adversarial system. There is no logical reason for them to suffer and then have to fight for a few extra dollars.

If they failed to sign the LIBC forms and return them within 30 days, are they cut a break? Usually, the answer is no.

If they make some money on the side, do the insurers say “No problem, we’re not going to deduct it from your pay?” ,

What if a claimant fails to file a Challenge within 20 days, is that going to be forgiven? Hardly.

But we should just withdraw our Petition for Penalties because the checks were only a few days late?

Let’s put some teeth into Penalties when the facts are clear. When the facts aren’t clear, then the discretion of the WCJs can govern the process.

Call Cardamone Law when you need a fighting chance for your Penalty Petitions

Pennsylvania workers’ compensation lawyers are available 24/7 at (267) 651-7945.

Awards & Recognitions

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

$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury

Client Testimonials

"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 Law Firm around!"

"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
Google Reviews
"Thank you from the bottom of my heart Mike and Shirley!!"

I called Shirley when I was scared and didn’t know what where my next dime was coming from after I was out with my work injury. Shirley was very kind and helpful guiding me every single step of the way. Mike was not your typical lawyer was not pushy but very responsive to all my gazillion questions. He helped me get my settlement quickly and settlement check in a very timely manner. Would recommend them to anyone! Mike helped calm all my fears and anxieties as I was trying to navigate one of the hardest and most stressful times in my life. Thank you from the bottom of my heart Mike and Shirley!!

- Jen Thompson
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"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."

- A. Ortiz
Google Reviews
"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.
Google Reviews
"[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
"Highly recommend."

"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."

- Danielle P.
Google Reviews
"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.
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."

- H. Anderson
Google Reviews