Ridley Park Workers’ Compensation Lawyer
Ridley Park is a quiet suburb located next to some of the biggest distribution and shipping hubs in the country. Residents who work in these and other industries in the area could face serious work injuries that require Workers’ Compensation coverage.
Although limited lawsuits can be filed for work injuries, Workers’ Compensation is there to cover all workers who face on-the-job injuries. This can include coverage for lost earnings and medical bills, helping injured workers and their families get back on their feet.
For your free case review with our Certified Workers’ Compensation Specialists, call Cardamone Law at (267) 651-7945.
What Records Do I Need for a Workers’ Comp Claim?
If you were hurt at work, save any records and communications with your employer. You ultimately need to prove that the injury happened at work before you can get compensation for it. This often means producing incident reports, using your testimony, and getting depositions from supervisors and coworkers.
You will also need your medical records. Our Workers’ Comp lawyers can get these records for you, but you should also save any bills, statements, or medical communications you receive.
Aside from this, you will also need examinations to explain what you can and cannot do. These limitations will be vital when claiming you cannot work. Your testimony about how the injury affects your activities of daily living will also show the court how your disability affects your ability to work.
Who Decides Workers’ Comp Claims?
Unfortunately, your employer decides your initial claim. This gives employers – or their insurance carriers – wide leeway to deny claims. While employers should have a reasonable trail of evidence when issuing a denial – such as actual proof that your injury occurred outside of work – they might not.
From there, your case gets more optimistic. After a denial, you can file your claim with a Workers’ Comp Judge (WCJ). These specialized judges can hold a hearing on your Claim Petition and accept evidence to potentially grant your benefits.
The WCJ is beholden to the evidence they have, not the employer’s initial determination. We can present doctor’s reports and depositions to convince the judge to accept your claim and order payment.
How Long Can I Get Workers’ Comp?
If your injury keeps you from working for 7 or more days, then your injury can get you wage-loss benefits. When receiving benefits, there are a few limits to consider:
Total Disability
Benefits for a total disability are not limited. From the date of injury, you should get weekly or bi-weekly payments for each week you cannot work.
These benefits typically equal 2/3 of your average wage, but they cannot go up for inflation. This locks you in at one level, potentially incentivizing you to eventually recover and get back to work where you can make more money – if possible.
Partial Disability
If the injury is serious, but you can work with accommodations or reduced hours, you may receive partial disability benefits. These benefits pay for 2/3 of the reduction in income (pre-injury wage minus post-injury wage).
You can get a total of 500 weeks of partial disability benefits. Each week where you get partial disability counts against this total, and the weeks do not need to be consecutive. In fact, many workers start with total disability, move to partial disability, and switch back to total disability if their condition worsens.
Medical Coverage
Workers’ Comp also pays for medical care even if your injury is ultimately not disabling. This continues for as long as you still need treatment.
Medical care stops when you reach maximum improvement and no longer need it, even if you are still disabled at that point.
Specific Loss
Each “specific loss” injury has a listed number of weeks you get benefits for. The rate for these benefits is also 2/3 of your pre-injury average wage.
These benefits cover total loss, lost function, vision/hearing loss, and serious facial disfigurement.
The highest limit for these benefits is 410 weeks for a lost arm or leg, with smaller injuries facing lower limits.
Death Benefits for Workers’ Comp
If your loved one died in a work-related accident, you can claim compensation for their death. The rate will vary based on the size of the family, but it is possible to get the same 2/3 benefits they would have gotten for lost earnings.
In addition, you can get up to $7,000 for burial and funeral expenses paid directly to the undertaker.
When is an Injury Work-Related?
For Workers’ Comp coverage to apply in the first place, your injury needs to be “work-related.” This means it happened within the scope of your job or at your workplace.
Not all accidents “at work” happen at an office, warehouse, or even a job site. Some workers move from one site to another during the day, and just because an injury happens away from the office does not stop it from being “work-related.”
Similarly, accidents during a drive or trip for work also qualify, though commuting injuries usually do not.
The “scope” of your work is often quite broad. An injury does not have to stem from core work tasks to qualify. For example, a warehouse worker would seem likely to face injuries while lifting boxes, but a slip and fall while walking to their section would also qualify as work-related.
What Workers Can Get Workers’ Comp?
Workers’ Comp should cover all employees in a workplace. However, independent contractors are not covered.
The difference between an employee and independent contractor is often a difficult line to draw. Workers who have their tasks controlled by a supervisor and get paid on an hourly or salary basis are usually employees. Contrast this with the typical independent contractor, who controls their own work, gets paid a contract price, and often delivers a completed product or job without direct oversight.
Being paid through a 1099 is often an indicator that you are a contractor, but it is not the sole factor.
Call Our Workers’ Compensation Attorneys in Ridley Park Today
Call Cardamone Law’s Workers’ Compensation lawyers at (267) 651-7945 after a serious work injury.
