Breaking a bone during your work can mean being out of work for at least 4-6 weeks while it heals. In more serious injury cases, this could mean months away from work.
During that time, you need Workers’ Compensation to cover your lost wages and medical care. In some cases, you may even be entitled to a lawsuit to cover substantial injuries, especially if your injury involves more than just the single broken bone.
For your free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Workers’ Comp vs. Lawsuits for Work Injuries
When you get hurt at work, you may be able to sue for your injuries, but your options are restricted. In many cases, Workers’ Comp will be your primary way to get damages paid instead of suing.
What is Workers’ Comp?
Workers’ Comp is a benefits program where your employer is required to cover all work-related injuries, regardless of who caused the accident. This pays lower damages than a lawsuit might, but you can get paid even if you cannot prove who caused the accident, or even if you were responsible for your own accidental injuries.
Cannot Sue Employer
You cannot sue your employer for a work-related injury. This means that if the accident occurred within your work tasks or because of dangers at your workplace, you might not be able to bring the case against your employer at all.
You can still sue third parties, but if they were not responsible, then you would have no choice for coverage except to use Workers’ Comp
Workers’ Compensation Requirements
Workers’ Compensation requires three things:
- You are an employee, not an independent contractor.
- Your injuries were work-related.
- Your injuries are disabling.
If you meet all of these, then you can get paid through Workers’ Comp for your broken bone injuries.
Lawsuit Requirements
For a lawsuit, the factors you need to prove are different.
First, you can only sue outside third parties, or you can sue your employer if they did not have insurance or hurt you on purpose.
Second, you must prove they were at fault to hold them responsible, which requires proving…
- The defendant owed you a legal duty.
- They breached that duty.
- That breach caused the accident.
- The accident resulted in damages (including your injuries).
Damages Available Through Workers’ Comp for a Broken Bone
Workers’ Compensation pays certain areas of damages, many of which will be especially relevant to your broken bone case.
General Rules
Workers’ Compensation generally covers these damages:
- Medical bills to cover treatment of your work injury.
- Wage-loss benefits to cover a portion of lost wages when your injury is disabling.
- Specific loss benefits to pay for permanent loss, lost function, or amputation.
X-Rays
The cost of X-rays should be covered. You may need to get follow-up X-rays with an approved provider, but the nearest hospital should be adequate for treating you in an emergency and diagnosing your broken bone.
Specialist Visits
Broken bones often mean specialist visits with orthopedists and orthopedic surgeons. Sometimes these injuries can be treated by general practitioners and “Workers’ Comp doctors,” but specialist visits are usually covered when you need them.
Surgeries
Surgical care is often required for fractures, especially if they break the skin, the bone breaks into multiple pieces, or you need it surgically set before casting. This cost should be covered.
Additionally, you may be entitled to a second opinion with a doctor of your choice for nay invasive surgery, though the final operation may still need to be performed by a doctor your employer approves through their list of “panel doctors” if it happens in the first 90 days of treatment.
Implants (Pins/Rods/Screws)
The cost of surgically implanting pins, rods, screws, and other implants should be covered. Any later maintenance on these implants should also be covered.
These are often needed to set bones and hold them together, especially if the bones do not line up well and need to be held in place to restore proper strength and structural support.
Physical and Occupational Therapy Coverage
After the bone heals, you may need physical therapy to regain full range of function or strength. With some injuries, you may even need to re-learn how to write, hold utensils, or walk. Whether the specific needs are covered by physical therapy or occupational therapy, your care should be covered.
Since this often comes outside the first 90 days of care, you may also be able to choose your own provider.
When Does a Broken Bone Injury Qualify for Workers’ Comp?
A broken bone should always qualify for medical benefits if
- You are an employee
- You were injured within the scope of your work.
This should get all care needs covered. However, if it keeps you out of work for 7 days or reduces your ability to earn full wages for at least 7 days, then you could qualify for wage-loss benefits, too.
Can You Sue for Work-Related Broken Bones?
Perhaps. If you were hurt at work, you cannot sue your employer for your injuries. However, this does not stop you from suing outside third parties.
For example, you can sue a driver who hit you with their car while you were working.
How Long Do You Have to File?
Workers’ Compensation requires you to report your injury to your employer within 21 days of the accident in most cases. You can still file your claim if you report within 120 days, but do not miss this deadline, or it may end your case entirely.
If your claim is denied and you want to file a formal Claim Petition with the state, you have to do this within 3 years of the initial accident.
Call Our Broken Bone and Fracture Work Injury Lawyers
Call the attorneys for broken bones and fractures at work at Cardamone Law by dialing (267) 651-7945.
