Philadelphia Workers’ Comp Lawyer for Carpenters
Every carpenter knows that the tools they use can leave them with serious injuries if they are mishandled. The fact of the matter is that even the most experienced woodworkers, carpenters, and builders could face on-the-job injuries, either from their own mistakes or the mistakes of workers around them.
If you were injured working as a carpenter, our lawyers may be able to help you get compensation from your employer’s Worker’s Comp insurance. However, there are some prerequisites that need to be met, and we can help you understand whether you qualify, help you with applications, and appeal any denials or challenges.
Call Cardamone Law at (267) 651-7945 for a free case evaluation with our Certified Pennsylvania Workers’ Compensation attorneys.
Requirements for Workers’ Comp Claims for Carpenters in Philadelphia
For you to file a Workers’ Comp claim as a carpenter, there are a few major requirements that you have to meet. Some deal with your employment status and arrangement while the rest deal with the injury and how it occurred. In any case, our Philadelphia Workers’ Compensation lawyers for carpenters can check if you qualify and help you file for benefits.
Employee Status
Workers’ Compensation generally covers “employees” and not other workers. If you work as an independent contractor and take on jobs on a contract basis, you might not be covered by any of your clients’ Workers’ Comp. Additionally, if you operate a solo business, the jobs you do are likely under that business’ name, and you might not have Workers’ Comp as a sole proprietor either.
Workers’ Comp will generally be provided by an employer to employees, so if you work full-time at a business or construction firm or as an employee of a contractor (rather than a subcontractor), your injuries should be covered.
Work-Related Injuries
Injuries have to be work-related to be covered under Workers’ Compensation. This usually means that they occurred at work during work tasks, though there is some wiggle room in those requirements.
First, the location of the injury might not matter as long as you were engaged in work tasks at the time. Some carpentry work is done in a workshop – i.e., at one concrete place of business. However, other parts of the job might be done on a job site. Any time you are “at work,” an injury should qualify no matter which specific location you are at.
Second, the injury must be during work tasks. Commuting to and from work at the beginning and end of the day usually is not a work task, though transporting yourself and materials and tools between project sites might still be part of your work tasks. Otherwise, any actual work tasks from measuring to cutting to hammering to moving materials to installing should all be considered “work,” and any injury that happens during these tasks should qualify as “work-related.”
Most work-related injuries for carpenters are the kinds of things you might expect: cuts from tools, injuries from falling off ladders, blows to the head from dropped tools and mishandled materials, and other such injuries.
Injury Keeps You from Working
Work injuries should get your medical care covered as long as the injury is work-related, but not every work injury gets you Workers’ Comp benefits for your lost wages. Instead, the injury has to be serious enough to hurt your earning capacity for at least 7 days before you can get wage-loss benefits.
As you recover from your injury, you might be expected to return to work, but if your injury results in a disability that keeps you from working for an indefinite period, you could be entitled to ongoing disability benefits for some time. If you can return to work at a reduced capacity – perhaps helping with plans and designs but not actually working any wood – you should get compensated for the reduction in income. In any case, wage-loss benefits usually total 2/3 of your average weekly wage, subject to a cap at the average statewide income rate set each year by the Commonwealth.
Benefits Available to Injured Carpenters and Woodworkers through Workers’ Compensation in Philly
As mentioned, Workers’ Compensation often pays for medical care and lost earnings. The specific values of these benefits will vary from case to case and depend heavily on your situation. In addition to these benefits, you can also get “specific loss” benefits if you lost a limb or loss of function for a particular body part.
Medical Benefits
Medical care costs should be covered for any work injury, including the cost for treatment at the ER and ongoing treatment after the day of the injury. In the first 90 days, the doctor you use will have to come from a list of providers your employer/their insurance carrier chose. However, if you need a specialist outside of this list or need any invasive surgery, you can often seek treatment or at least a second opinion from a physician of your choice. Much of the time, these listed doctors are occupational injury specialists and might not have full-service practices. Additionally, these lists often contain only a few physicians, with the rest being chiropractors or other care providers. This usually gives you some flexibility when you need to see a specialist of your choice.
When settling your case, it is important to take into account how much your medical care will cost into the future and make sure that your settlement has enough money in it to cover those projected costs.
Lost Earnings
As mentioned, lost earnings are usually paid at 2/3 of the worker’s average weekly wage before the accident. If you are able to still work at some capacity, you will instead receive 2/3 of how much you lost in income when comparing your old wages and new wages.
Specific Loss
When your injury involves the loss of a body part or the total loss of function for a specific body part – e.g., paralysis in an arm, lost vision in one eye – then you get additional damages paid out according to a “schedule.” This schedule sets a specific pay in terms of weeks of wages that you receive for that injury to compensate you for the loss. There are specific week values for each body part, such as fingers, toes, arms, and legs, and more.
Call Our Workers’ Comp Attorneys for Carpenters in Philadelphia
If you were hurt at work, call the Bucks County Workers’ Compensation attorneys at Cardamone Law today at (267) 651-7945.