Workers in and around Salisbury should turn to Workers’ Comp if they have been injured in an accident. In many cases, this is their only legal option. Even when other options are available, Workers’ Comp can get your medical care and lost wages covered without needing to prove fault for your accident.
This allows claims in cases where you are responsible, where you cannot sue your employer, and even when outside parties are at fault. Employers are required to cover all work-related accidents, but getting them to pay up can be a challenge.
For help with your injury case, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
Filing a Claim for Work Injuries in Salisbury
If you live or work in Salisbury Township, your work injury claim should likely be filed through Workers’ Comp. This is a system designed to have employers pay for workers’ injuries without needing to prove the employer was at fault. All employers are required to carry Workers’ Comp insurance if they have any employees in Pennsylvania who might be injured at work.
That means that whether you work in retail, in food service, at a hospital, or even in a law office, your employer needs to cover your work-related injuries.
This is different from a lawsuit. You start your claim by notifying your employer, who then files with their insurance. However, they can deny you. At that point, you can take the case before a Workers’ Comp Judge instead of a typical court.
What Benefits Does Workers’ Comp Cover?
Workers’ Comp covers medical expenses, lost earnings, and “specific loss” benefits for injured workers. When filing a claim for a loved one who died on the job, you can get death benefits instead.
All medical care and 2/3 of your lost earnings are typically covered. Medical coverage pays for all medical care to treat a work-related injury, whether you are disabled or not. Wage-loss benefits cover 2/3 of your average wage for total disability and 2/3 of your reduction in pay for partial disabilities.
If you lost a limb, suffered permanent lost function, lost your sight or hearing, or suffered facial scars, specific loss payments are made. They equal 2/3 of your wages for a set number of weeks defined in the Workers’ Comp Act for each listed injury.
Death benefits usually cover the workers’ lost wages, though the rate might be different. They also pay up to $7,000 for burial, going directly to the undertaker.
Who is at Fault for a Work Injury?
One of the important things about Workers’ Comp is that it pays regardless of who was at fault for your accident. If your employer injured you through violations or mistakes, it is covered. If a coworker, contractor, vendor, supplier, or customer injured you, that is also covered. Workers’ Comp even covers you if you injured yourself by accident.
This means we do not need to do much investigation into whose fault the accident was, and we can instead focus on proving it was a work-related injury and proving it disabled you.
Common Reasons for Denial in Workers’ Comp Claims in Salisbury
Workers’ Compensation claims are usually denied for the following common reasons – and our Workers’ Comp lawyers can fight these issues when your case goes before a Workers’ Comp Judge:
Injury Not Work-Related
If your employer thinks your injury happened outside of work, they will deny your claim. However, we can use your testimony and witness statements to show it really did happen at work.
Outside Scope
Another issue is that the injury might have been while you were “at work,” but you were doing something outside the scope of your job. For example, a delivery driver stopping home on a personal errand likely cannot sue for a crash that happens on the way back home.
Employers, however, seek to apply this exception to violations of company policy, which is often inappropriate.
Illegal Activity, Alcohol Use, and Drug Use
Employers do not have to cover injuries that workers cause themselves through criminal activity or being drunk or high on the job. However, this needs to be the actual cause, not the worker’s “negligence,” or else this excuse should not work.
Intentional Acts
If you intentionally cause your accident, employers do not need to cover it. This does not mean that you did something intentionally – e.g., swing a hammer – and it happened to injure you – e.g., by crushing your thumb. Instead, they need to show that you meant to injure yourself on purpose.
Not Disabled
If you can return to work, you cannot get wage-loss benefits. However, this should not stop them from being required to pay for your medical care.
Can You Settle a Workers’ Comp Claim?
Settling your claim is often the best route for both sides. Carriers hate to administer claims on an ongoing basis, and you get to walk away with all of the money at once if you settle. However, settlements are not always best.
Some cases involve benefits that are hard to predict. Think, for example, of cancer acquired at work. With this, your road to recovery is not linear, and you may be able to return to work only to have the cancer come back, create more medical costs, and disable you again.
In other cases, benefits are simpler to predict, and we can work to get your benefits paid up front in a lump sum. However, you should never trust the insurance company; always have our lawyers review any offers before accepting them.
What Do I Need for a Workers’ Comp Claim?
First, you need your injury itself. It needs to be work-related to qualify for coverage. You also need to be an employee, not an independent contractor or another self-employed worker.
From there, you need a disabling injury. Claims can cover medical expenses for non-disabling injuries, but your wage-loss benefits will be the main focus of your case. If you can go back to work, you likely do not have a claim for wages.
Evidence-wise, you will need hospital records, other medical records, statements from witnesses, and other expert reports. Our lawyers will work to collect all of this for you.
Call Our Firm’s Workers’ Comp Lawyers in Salisbury for a Free Case Review
Call Cardamone Law today at (267) 651-7945 for a free case review with our Workers’ Compensation lawyers.
