Pottsville, PA Work Injury & Workers’ Compensation Lawyer

Whether they work in a factory, the Yuengling Brewery, an office, a restaurant, a warehouse, or elsewhere, Pottsville is home to gritty, tough people who love their town. If you were injured at your job, you could now be facing serious medical bills, all while you are unable to get back to work and keep making a living wage. As long as your injury persists, you could be entitled to Workers’ Compensation payments.

Cardamone Law doesn’t play golf and schmooze the area defense lawyers. We represent Pottsville workers and fight tooth and nail to maximize their Workers’ Comp. benefits without being influenced by any local politics. Our sole goal is to get you the benefits you deserve.

For a free case assessment, contact the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law today at (267) 651-7945.

What is Workers’ Compensation in Pottsville, PA?

Workers’ Compensation is a state-wide program where employers are required to cover their workers’ injuries instead of leaving them to pay for medical care on their own or requiring them to file an insurance claim or lawsuit against the employer. In these cases, the employer is supposed to file the claim and accept your injuries, then pay for all medical expenses and a high percentage of replacement wages during the time you are unable to return to work. In reality, the situation is more complex, and you often need help from a Workers’ Compensation lawyer to push your employer or the insurance carrier that works for them to do the right thing.

What Does Workers’ Compensation Cover in PA?

Workers’ Comp covers injuries and illnesses acquired in the course of your job. That essentially means that any work injury that takes place during the performance of your job tasks should be covered, as should any diseases or illnesses acquired because of exposure at work. Often, arguments with your employer over coverage will come down to the question of whether the injury was actually work-related or whether it happened somewhere else.

Workers’ Comp pays two major areas of benefits to injured workers: medical benefits and wage-loss benefits. Medical benefits should cover all medical care that a doctor deems necessary to treat your condition. This can include hospital stays, surgeries, physical therapy, medication, and even psychological counseling. Wage-loss benefits do not cover 100% of your wages but still pay you back for 66 2/3% of your lost wages up to a cap of $1,325.00 per week in 2024. People with wages under $993.76 per week should even see reimbursement scale up from 66 2/3% to up to 90% of their average wages for those making $736.10 or under.

In addition to these benefits, certain injuries will have “specific loss” benefits paid out. These benefits assign a certain number of weeks of benefits for a total loss or loss of function, such as an amputated finger or lost eye.

Lastly, benefits are paid to the surviving family of a worker killed in an accident.

Should You Sue or File a Workers’ Compensation Claim for Work Injuries in Pottsville, PA?

In most cases, Workers’ Compensation is going to be your only route to getting your medical care and lost wages covered in Pennsylvania. The Pennsylvania Workers’ Compensation Act states that employers are liable and have to pay benefits to injuries without regard to whose fault the accident was, which is the required process instead of a lawsuit. In most cases, a lawsuit will not be allowed, but there are some important details to understand about this rule.

For one, many accidents are not easily pinned on the employer. For a lawsuit to succeed against an employer, the worker would need to prove that they did something wrong and that that mistake can be linked to the accident. In many work injury cases, something will happen that is not really anyone’s fault, or the injury will happen because of the worker’s own mistakes. A lawsuit would not allow damages to be paid in these cases, but since Workers’ Comp is a no-fault system, it still covers you anyway.

It should be noted that Workers’ Compensation only covers “employees,” not independent contractors. Many “gig workers” and self-employed workers are paid with a 1099 and control the time, place, and manner of their work instead of taking orders from a “boss.” These workers are not covered by their “boss’” Workers Comp and may be entitled to lawsuits outside of this system. However, if you are misclassified as a contractor, you might be able to claim benefits instead.

Our Certified Pennsylvania Workers’ Compensation Specialists devote our practice to only covering Workers’ Compensation cases and getting our clients the benefits they are entitled to through this system. There are many additional challenges in place with lawsuits, and injured workers often face difficulty winning damages for work injuries from a lawsuit, contrasted with the benefits they should already be entitled to through Workers’ Comp.

Examples of Accidents You Can Get Workers’ Compensation Benefits for

As mentioned above, any injury sustained in the course of your work duties should ultimately be covered by Workers’ Comp. These injuries range greatly in severity but can include things like lifting and carrying injuries, electrocution, falls from heights, slip and falls, head injuries, heavy machinery injuries, auto accidents, repetitive stress injuries, and even cancer acquired from work conditions.

When trying to determine if your specific injury will qualify for Workers’ Comp, there are a few things to keep in mind. First, Workers’ Comp only kicks in if your injuries will keep you out of work for 7 days. If your injury lasts longer than 14 days, benefits for the first 7 days will get paid retroactively. This often excludes small injuries from coverage, as a burn in the kitchen or a cut on your hand is unlikely to keep you from working. Second, injuries must usually be disabling and actually reduce your earning capacity in order for them to qualify for ongoing benefits. If your injury allows you to return to work after only a few days away, there are no ongoing benefits to pay you. Only when your injury is serious enough to keep you from returning to work for months or even years will you need wage-loss benefits.

In many cases where the injury is not disabling and does not affect your earning power, it will still involve expensive medical bills. In cases like these, medical care should still be covered, even if you are able to return to work.

Call Our Pottsville Workers’ Comp. Attorneys for Help Today

If you were injured at work, call Cardamone Law at (267) 651-7945 for a free case review with our experienced Workers’ Compensation lawyers.