Pottstown, PA Workers’ Compensation Lawyer

Workers’ Compensation is a system designed to get injured workers the benefits they need to cover lost wages and medical expenses after a work injury.  This system is meant to be a mandatory alternative to lawsuits, where victims can get compensation without having to prove their case in court or fight an opposing insurance company to get the benefits they require.

However, employers and insurance carriers in the system are often unwilling to pay workers what they are owed, and lawyers like ours need to step in.  We represent injured workers and help them get the benefits they are supposed to receive through the Workers’ Comp system.  Moreover, we have decades of experience specializing in this field.

Call the Certified Pennsylvania Workers’ Compensation Specialists from Cardamone Law at (267) 651-7945 to discuss your case in a free case evaluation.

Who is Covered by Workers’ Comp in Pottstown, PA?

Workers all over Pottstown and the surrounding areas should be covered by Workers’ Comp when they suffer work-related accidents.  Each of the following is a requirement for you to get coverage through this system, but our Workers’ Comp lawyers can help you understand more specifically how coverage should apply in your situation if you still have questions after reading this:

Employees

All workers classified as “employees” – or “employes” as the Workers’ Comp Act spells it – should be covered by their employer’s Workers’ Comp policy.  For a worker to be an “employee” as opposed to an independent contractor, they usually must have the time, place, and manner of their work controlled by their employer.

This will cover most employment situations, with people working desk jobs, warehouse jobs, assembly lines, service positions, and so many more jobs all being covered by Workers’ Comp.  Whether your work involves typing and bookkeeping or heavy lifting and working with dangerous chemicals, most employees should be covered.

If you are an independent contractor, you might not be covered by your employer’s Workers’ Comp; however, many employers misclassify their workers and you could be entitled to coverage anyway.

Workers for Non-Federal Businesses

People employed by federal agencies, courts, the U.S. Postal Service, and other federal employees are usually covered by a different Workers’ Compensation system with different rules and insurance carriers.

People Suffering Work-Related Injuries

If your injuries were related to your job tasks, then they should be covered.  In contrast, injuries that happened at home on the weekend while you were doing nothing related to your job should not be covered.

“Work-related” injuries are broader than one might expect.  This category can include injuries where preexisting conditions were aggravated by an accident at work, such as a lifelong bad back that you injure in a sudden lifting injury at work.  It can also involve injuries that happen off-site if your job has you traveling or driving around for work.

Work-related “injuries” can also more broadly include illnesses and other health conditions acquired because of working conditions.  In many cases, additional proof is required to link your injury back to your work tasks, potentially including proof that there is a higher incidence of this type of cancer or other condition in your line of work than in the greater population.

Families of Deceased Workers

If your loved one was killed in a work accident, you might also be entitled to benefits for your loss.  This can include money set aside for burial/funeral costs as well as ongoing benefits paid to the spouse and children of the deceased worker.

Filing for Workers’ Comp vs. Filing a Lawsuit for Injuries in Pottstown, PA

Our lawyers exclusively handle Workers’ Compensation claims for injured workers because this is often the only route to compensation available.  Workers’ Comp rules prevent lawsuits from being filed against your own employer in most cases outside of intentional injury.  This means that you typically cannot sue your employer for a workplace accident.

There may be cases where you can sue an outside party for their fault in causing your accident; however, it might be difficult to win your claim.  First, you need to prove that they were at fault at all, and their connection to your accident at work might be tenuous at best.  Those parties could also blame your employer instead, which would reduce their liability and, ultimately, reduce your payout since you cannot sue your employer for that share of damages.

Additionally, many workers are injured because of their own fault.  Workers’ Compensation still covers these accidental injuries as long as your injuries were not the result of you intentionally hurting yourself or hurting yourself while drunk, high, or breaking the law.  You cannot sue someone else for something you did by accident.

While lawsuits might be able to cover pain and suffering damages and Workers’ Comp does not, you might ultimately lose around 33% of your total damages from a lawsuit to pay a lawyer under a contingency fee agreement.  With Workers’ Compensation claims, our lawyers are capped at 20% max of your total winnings for payment under § 442 of the Pennsylvania Workers’ Comp Act.

Benefits Paid to Injured Employees Through Workers’ Comp in Pottstown

Injured workers can get two major areas of benefits out of their Workers’ Comp coverage.  These benefits might be accepted in part and denied in part, or your employer’s insurance carrier might try to pay only partial benefits.  In any case, the ultimate resolution of your case can come down to either getting these benefits paid as ongoing benefits or potentially settling for a lump sum, where the full amount that you would receive over time is paid all at once.

Medical Benefits

These benefits should cover emergency treatment, surgery costs, imaging, ongoing doctor’s visits, physical therapy, medication, mental health therapy, and more.  If your employer or their carrier does not believe your injury was work-related, they will often deny these benefits.

Lost Earnings

If your injury keeps you out of work, you can receive usually around 2/3 of your normal wage as wage-loss benefits.  However, employers have room to accept your claim for medical benefits yet deny these benefits on the grounds that the injuries are not actually disabling and you can still work.  It can take evidence and medical exams to prove otherwise.

Carriers might also say you are only partially disabled and refuse to pay full wage-loss benefits but might still accept a claim for partial benefits.  Our lawyers can appeal or negotiate for a better settlement if these benefits are not enough.

Call Our Workers’ Compensation Lawyers in Pottstown, PA Right Away

If you were injured in an accident at work, call Cardamone Law’s Workers’ Comp attorneys at (267) 651-7945 for a free case evaluation.