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The Official Partner of the American WorkerSM

Philadelphia Car Accident Lawyer

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    Car accidents are scary, and can sometimes occur through no fault of your own. The injuries car accident victims sustain can range from minor scratches and bruises to life-threatening conditions. As work injury lawyers, we see thousands of clients who come to us looking for car accident compensation.

    Yet, not all car accident injuries can be claimed as work-related accidents. In this article, we will suggest the best course of action you take if you or a loved one ever gets into a car accident in Philadelphia.

    Car Accidents in Philadelphia

    Types of Crash Severity in a Philadelphia Car Accident Case

    There are three types of crash severity in a car accident:

    1. Fatal Crash – When one or more persons involved in a PA car accident dies due to the injuries caused by the crash within the 30 days of the accident.
    2. Injury Crash – When one or more persons are injured during the crash but none of the car injuries are fatal.
    3. Property Damage Only – When there are neither fatalities nor injuries as a result of the car accident but there is damage to the vehicle or other properties.

    Record the accident

    Take pictures of the accident site, damaged cars, and the surrounding area to start documenting the scene. Also record your injuries via picture or video. If you are unable to record the accident yourself, ask people around you to do that for you. Exchange insurance information with the other party in the accident and ask witnesses if you can take their contact details.

    Please know that reporting the injury, if it’s work-related, will be vital. You cannot seek wage loss benefits under Pennsylvania Workers’ Compensation Act until notice is given to the employer, and the deadline for notice is 120 days or the claim is forever barred. Pennsylvania also has a waiting period — you must be out of work for 7 days or more due to your injury to trigger a wage loss claim.

    Therefore, what you record now will help your PA work injury lawyers immensely to start legal proceedings on solid grounds and look for maximum accident compensation.

    Call The Police And Seek Medical Help

    One of the first things to do immediately after a car accident is to call the police. The police will want to take their own account of the incident, talk to the witnesses and take statements from all parties involved.

    They may also take pictures, and what they record will serve as a testament to what you have documented yourself. Needless to say, it makes your legal case that much stronger.

    If you call 911, the dispatch will send an ambulance as well as a police car. However, if your injuries aren’t critical and you don’t want an ambulance right away, we highly recommend you visit an ER at your earliest. Common injuries we see with car accidents in the Philadelphia area are wrist injuries, head injuries, spine injuries, and injuries to the legs/knees. So, even if your injuries don’t seem life threatening right now, it’s smart to go to the ER — sometimes adrenaline from the accident and excitement can mask real injuries.

    Determining if the Car Accident Was a Work-Related Injury

    To claim coverage under Pennsylvania Workers’ Compensation, the car accident needs to be work-related.

    Our expert PA work injury lawyers will need to show that you were not commuting, but actually engaged in the furtherance of your job duties at the time of the accident. This is because commuting is not considered in the course or scope of employment. But that doesn’t apply in all cases.

    For example, if you are a traveling employee, your car accident injuries can be termed as work-related accidents. Therefore, it’s ideal to talk to a professional work comp lawyer to look at your options.

    Furthermore, for Pennsylvania Workers’ Compensation cases, we do not need to prove fault. Even if the accident was your fault, we will likely achieve a work comp settlement since fault isn’t relevant. (With some exceptions — such as self-inflicted injuries).

    Sometimes a claim will be defended under the theory that you were not employed when you were in the car accident, but instead, an independent contractor. There are many factors the court will analyze to determine whether you were an employee or an independent contractor. The key element is control, and who had control over the manner and type of work being performed at the time of accident. Just because you were called an “independent contractor” doesn’t mean you were in fact one, legally. Let us analyze this issue for you to determine our chances at success.

    Car Accidents Covered Under Workers’ Comp in Philadelphia

    For a Pennsylvania Workers’ Compensation Car Accident, we will need to show that you were not commuting- but actually engaged in the furtherance of your job duties at the time of the accident. Commuting is not considered a work-related accident if that’s when you were injured. Also, remember, for Pennsylvania Workers’ Compensation, we do not need to prove fault. Even if the accident was your fault, we will likely be successful in the Pennsylvania Work Comp Case since fault isn’t relevant. (see exceptions for self-inflicted injuries, injuries caused by intoxication, or from a violation of a positive work order). If the accident was your fault, you won’t have a viable 3rd party case.

    Common injuries we see with car accidents in the Philadelphia area are wrist injuries, head injuries, spine injuries, and injuries to the legs/knees. Reporting the injury, if it’s work-related, will be vital. You cannot seek wage loss benefits under Pennsylvania Workers’ Compensation until notice is given to the employer, and the deadline for notice is 120 days or the claim is forever barred. Pennsylvania also has a waiting period- you must be out 7 days or more to trigger a wage loss claim.

    Sometimes a claim will be defended under the theory that you were not employed when you were in the car accident, but instead, an independent contractor. There are many factors the court will analyze to determine whether you were an employee or an independent contractor. The key element is control and who had control over the manner and type of work being performed. Just because you were called an “independent contractor” doesn’t mean you were in fact one, legally. Let us analyze this issue for you to determine our chances at success.

    Determining if There is a Third-Party Case

    Philadelphia area car accidents are very common. So many drivers are speeding or tailgating, or on their phone, or otherwise distracted, or driving emotionally. Accidents in the winter are also very common, given the ice, sleet, and snow.

    To avoid accidents, do your best to drive within the speed limit and keep a safe distance from the car ahead of you. When determining a third-party case, your legal team will need to prove that you were the victim in the case, not the reckless driver. Authorities will investigate which car was rear-ended to figure out who is at fault.

    If it was you that was rear-ended, there is a high probability you will win a third-party case against that driver. Conversely, if you rear end someone else, the chances are extremely high that you will be found negligent as you need to be in control of your vehicle and a safe distance away, such that if the driver ahead of you slams on their brakes, you have enough time and distance to slow down.

    If the investigation discovers that the accident was in fact your fault, you won’t have a viable third-party case. To explore your legal options and to protect your rights, call our law offices so we can analyze your situation and advise you about which cases to pursue: none or both.

    Full Tort vs Limited Tort

    You will want to strongly consider having full tort insurance also. It’s much easier to recover the non-economic damages/pain and suffering with full tort insurance compared to limited tort. Sure, you may save a few dollars with limited tort but it really comes back to haunt many people who are in car accidents. It’s worth the few extra bucks for protection.

    Why Cardamone Law?

    If the car accident was not your fault and you have suffered an injury in a PA car accident, you should hire a Philadelphia car accident attorney right away. An experienced auto accident attorney can help you file and manage the legal paperwork or administrative side of the post-accident situation. Cardamone Law is your go-to law firm if you need a Philadelphia car accident lawyer. If the case is a work-related car accident, our firm will handle it superbly. We have a track record of hundreds of successful outcomes and settlements.

    If the car accident wasn’t on the job, we will refer you to our esteemed colleague who is a top Philadelphia car accident lawyer. Cardamone Law, LLC has tremendous results in Philadelphia and other areas of Pennsylvania, with respect to car accident cases, whether Workers’ Comp, or with referrals.

    Call us any time at for FREE and PROMPT consults! Or email Michael@CardamoneLaw.com and get in touch with the man himself.

     

    Awards & Recognitions

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

    $6 Million
    We Assisted Another Firm in Reaching Settlement
    $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
    $6 Million
    We Assisted Another Firm in Reaching Settlement
    $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

    Client Testimonials

    "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
    "Tienes un equipo impresionante a pesar de ser una compañía pequeña, los resultados fueron excelentes!"

    Yo le daría 10 estrellas en vez de 5 , Michael Cardamone es una persona genuina y un gran abogado, al principio de mi caso, yo estaba en la oscuridad y no sabia que pasos tendría que seguir porque Workers comp ,solo me cubría en esos momentos los beneficios medicos .Después, me eliminaron el puesto , no sabia como manejar mi situación (estaba con una cirugía y también sin trabajo,) grasias a Mike, el me dirigió por el camino correcto, me dieron una muy buena cantidad por mi caso. El fue muy comprensivo porque le hice muchas preguntas por email y siempre me las contesto a tiempo, brindando seguridad ,sabia que estaba en las manos correctas! Shirley y Francisco también fueron de gran ayuda con los recordatorios y servicios de traducción en Español. tienes un equipo impresionante a pesar de ser una compañía pequeña, los resultados fueron excelentes! se los recomiendo a todos. Muchas grasias Cardamone law!

    - Marisol Rodriguez
    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
    "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
    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."

    - H. Anderson
    Google Reviews