Springettsbury Township is home to farmers, teachers, restaurant workers, store workers, stockers, and plenty of other workers. If you were hurt at work, you deserve compensation – and to get that compensation, you deserve professional representation.
Our attorneys are specialists, meaning we have additional training and certifications in Workers’ Compensation to prove that we know what we are talking about when it comes to Workers’ Compensation cases. We can take your case and fight your employer for full compensation.
For a free case evaluation, call our Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
What Industries Get Workers’ Compensation in Springettsbury Township?
All employers in Pennsylvania are required to carry Workers’ Compensation insurance for their workers. Whether you are a farmer or a store stocker, a doctor or a teacher, all employees in almost all industries need to be covered.
There are a few exceptions, such as realtors and any workers in federal employment (e.g., postal workers). But beyond that, Workers’ Compensation should usually be available to you.
Coverage for employees includes part-time, full-time, and even seasonal workers. Some “casual” employees are not covered, and neither are independent contractors. Often, employers deny coverage under the claim that a worker is a contractor, but employment agreements and the day-to-day characteristics of your job can help show you are properly an “employee.”
What Injuries Are Covered Under Workers’ Comp?
Any work-related injury is eligible for Workers’ Comp coverage. This will help you recover from any of these accidents:
- Slip and falls
- Carrying and lifting injuries
- Explosions and fires
- Chemical exposure
- Machinery injuries
- Vehicle accidents
- Assault by customers, clients, and others
- Electrocution
- Falling debris injuries
- Ladder and scaffolding injuries
- Forklift injuries
- And more.
If you suffered any injury in the course of your work, it should be covered no matter who caused it. You can even get coverage for injuries you caused yourself as long as they were truly accidental.
Injuries are not eligible for coverage if they happened outside of work, if you intentionally injured yourself, or if they were caused by drug use, drinking, or illegal activity.
What Benefits Does Workers’ Comp Pay?
Our Workers’ Compensation attorneys can file for three typical areas of benefits in your case:
- Wage-Loss benefits paid to cover your reduction in earning power caused by the injury
- Medical benefits to cover any care you need for a work-related injury, whether the accident is disabling or not
- Specific loss benefits to cover amputations, lost eyesight, lost hearing, serious facial scars, and other permanent loss/lost function injuries.
Wage-loss benefits are based on 2/3 of your typical wage before the injury. If you can work partially with a partial disability, you get 2/3 of the difference in wages instead.
Medical coverage pays for all injuries, even if you need future care. If you settle your injury case, it is vital to include the full estimate in your settlement amount.
Lastly, the specific loss benefits are usually set by statute, with a number of weeks of 2/3 your average wage paid for each listed injury.
Can I File for Workers’ Comp Without a Lawyer?
Technically, you do not need a lawyer for Workers’ Comp, but practically, you will almost always need a lawyer.
Your initial claim with your employer can be submitted before you call a lawyer. At this stage, you notify your employer of your injury and they get 20 days to decide your claim. Often, this will result in a denial, at which point we can file in court.
Do not throw away this chance, though. It is possible this initial claim could be granted, and you should speak with a lawyer to avoid contradictions or other issues that could jeopardize your claim.
When we take your claim petition to court, there are potential roadblocks that might make it hard to progress without a lawyer, such as the following:
- The Workers’ Comp Judges these cases are assigned to generally will not let the case move forward without ensuring you are represented.
- There may be evidence collection you need – such as doctor’s reports and depositions – which you cannot afford without a lawyer.
- There is the practical consideration that if you are disabled enough that you cannot go to work, you likely cannot work as your own attorney.
Why Was My Claim Denied?
Employers often deny claims because they do not want to pay, but their reasons for denial need better legal grounding. If they have no reasonable excuse for their denial, they can often be penalized and ordered to pay your attorney’s fees, meaning they often try to use some legal excuse.
Generally, they will try to say the claim is illegitimate for some reason. This often involves one of these reasons:
- Injury not work-related
- Injury not disabling
- Worker not an “employee”
- Injury caused intentionally
- Injury caused by legal violation
- Injury caused by drug or alcohol use.
These denials can be overturned with proper evidence of what happened, especially when a neutral Workers’ Comp Judge examines the case instead of a biased employer or their Workers’ Comp insurance adjuster.
Is Workers’ Comp an Insurance Policy?
Technically, Workers’ Comp is a form of insurance, but the policyholder is actually your employer. They get insurance to cover their injured workers because otherwise the law puts the obligation on them.
This means that you not only have to convince your employer – who might know you and have a personal relationship with you – but you also have to convince their insurance carrier. Because of this, these claims often need to go to court, where a neutral judge can assess the case.
What Evidence Do I Need for a Workers’ Comp Claim in Springettsbury?
Most claims will involve the following pieces of evidence:
- Your testimony
- Statements and depositions from other witnesses
- Doctor’s reports
- Medical records
- Financial records/pay stubs
- Medical bills.
This evidence all comes together to show how the accident happened, that it was work-related, and that your injuries are disabling enough that you need either partial or total disability benefits.
Call Our Workers’ Comp Lawyers in Springettsbury Today
For your free case analysis, call Cardamone Law’s Lancaster, PA Workers’ Comp attorneys at (267) 651-7945.
