Yes. However, the earnings must be reported to the insurer. And, you should speak to your work comp lawyer before accepting a job. Sometimes, it’s better to try to settle a case, and then return to work, rather than accepting a job with a new employer, which will diminish the value of settlement.
Working is always a good thing- but sometimes it pays off to analyze the timing of accepting a new position. Getting advice from an experienced PA Work Comp Lawyer is very important in these circumstances.
For more info about jobs and PA Work Comp, contact experienced Pennsylvania Work Comp Lawyer Michael W. Cardamone at (267) 651-7945 or Michael@cardamonelaw.com for a FREE consult 7 days a week.
We get paid 20% of any wage loss benefits that we secure for an injured worker- or 20% of wage loss that we prevent the insurer or employer from reducing. Likewise, if we settle your case, we receive 20% of the settlement amount.
Fees in Pennsylvania Work’s Comp are contingent. This means, we only get paid if we win something for you. You don’t pay us anything out of your own pocket like you may with a criminal law attorney or divorce attorney.
It is a great system because it allows injured workers to get representation without having to pay out of pocket. This helps level the playing field with the employers and insurance companies who can easily pay their attorneys to try to take away your benefits.
Pennsylvania Supreme Court Changes Workers’ Compensation Law Regarding Claimants’ Entitlement to Attorneys’ Fees Under Section 440 Of The Act- Lorino Case
On December 22, 2021, the Supreme Court of Pennsylvania, in Lorino vs. WCAB, reversed the Commonwealth Court and held that in cases where claimant is victorious, a Work Comp Judge may, at his or her discretion, award attorneys’ fees to be paid by the work comp carrier. Prior to this case, fees would be awarded only where a reasonable contest wasn’t provided by the employer/insurer. (a reasonable contest would be a case where there is conflicting medical evidence by the two medical experts- one says a claimant is fully recovered and the other says they aren’t)
Why does this matter? In cases where wage loss is being paid, it’s easy for an injured worker to obtain counsel as the attorney has a clear way to get paid with victory- 20% of the wage loss benefits in most cases. But when an injured worker has a “medical only” case whereby no wage loss is being paid, it’s much more difficult for the worker to get counsel as the attorney would have to charge an hourly rate and many injured workers are struggling and cannot afford that- or the attorney had to have hoped for an award of attorney’s fees which Work Comp Judges don’t often award. This case will make it easier for injured workers to get counsel and level the playing field. However, the ruling isn’t just applicable to “medical only” cases. In this case- Lorino– it was a medical only claim.
The Court began its analysis, noting that due to the matter involving statutory interpretation, the standard of review was de novo, and the scope of review was plenary.
Furthermore, we have explained that, when the legislature uses the terms “shall” and “may” in the same section of a statute, it is a clear indication that the legislature intends certain actions to be mandatory, and others discretionary. For example, our decision in Zimmerman is illustrative in that regard. Therein, despite the Attorney General’s determination that certain proposed agency regulations were without statutory authority, the agency published the regulations in the Pennsylvania Bulletin, rendering them immediately effective. The Attorney General sought to stay promulgation of the regulations pursuant to Section 204(b) of the Commonwealth Attorneys Act, 71 P.S. § 732-101 et seq. The Commonwealth Court denied the application for stay, and the Attorney General appealed.”
Based on the established meaning of the terms “shall” and “may,” under Section 440, when a contested case is resolved in favor of an employee, the Court found that a reasonable sum for attorney’s fees shall be awarded to the claimant. And, that such an award is mandatory. However, where the employer has established a reasonable basis for the contest, an award of attorney’s fees may be excluded. In other words, the WCJ is permitted, but not required, to exclude an award of attorney’s fees.
This is a groundbreaking and outstanding case for injured workers. There is little doubt, however, that this issue will be litigated for years to come, as the Court did not give guidance on the “discretion” given to Work Comp Judges, leaving room for litigants to argue for more parameters and guidance on the topic.
Here is a link to the Lorino vs WCAB Opinion
Our Attorneys Represent Injured Workers Across Pennsylvania
When you hire The Cardamone Law Firm, you get Michael W. Cardamone handling your case. When you call The Cardamone Law Firm, you reach Michael directly. You don’t get a runner or a paralegal on the phone who takes down all your information when you make your first phone call. You don’t sent into a voice mail system that never gets checked. You get Michael W. Cardamone- and you get access!
Access is a hallmark of The Cardamone Law Firm. Michael wants his clients involved in their own cases. He encourages questions, calls, emails, and even texts. MyPhilly WorkersComp is a brand that symbolizes access and hard work. Let Michael’s 14 years of experience handling Pennsylvania Workers’ Compensation cases benefit you.
While no one is perfect, The Cardamone Law Firm strives to keep clients informed each step of the way. The Pennsylvania Workers’ Compensation system can be extremely stressful for injured workers. Our goal is to ease the burdens as much as possible and information is the key to lowering anxiety. We don’t like talking in archaic legal language. We try to explain things in an easy to understand way so that you can follow what’s happening in your case.
Yes. However, the earnings must be reported to the insurer. And, you should speak to your work comp lawyer before accepting a job. Sometimes, it’s better to try to settle a case, and then return to work, rather than accepting a job with a new employer, which will diminish the value of settlement.
Working is always a good thing- but sometimes it pays off to analyze the timing of accepting a new position. Getting advice from an experienced PA Work Comp Lawyer is very important in these circumstances.
For more info about jobs and PA Work Comp, contact experienced Pennsylvania Work Comp Lawyer Michael W. Cardamone at (267) 651-7945 or Michael@cardamonelaw.com for a FREE consult 7 days a week.
Injured workers rely on their Workers’ Comp checks to support their families while they cannot work to receive their usual wages. Knowing when and how these checks are supposed to come in is important for planning and budgeting, plus it is important to help you recognize when there is a problem with payment that a lawyer can help with.
Checks for Workers’ Comp are usually mailed as paper checks (not direct deposit) according to your pay schedule before the injury. If you were paid weekly, expect weekly checks; if you were paid bi-weekly, expect bi-weekly checks. If your check is late, you can often contact the Workers’ Comp insurance carrier and ask about it, but if there are any issues, a lawyer can help. As for when your first check comes, it will depend on the process of your case and where you stand in the course of having your claim accepted.
Contact Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for a free case evaluation today.
When Are Workers’ Compensation Checks Delivered in Pennsylvania?
Workers’ Compensation benefits are often stated in terms of weekly benefits, but they might not be paid weekly. The standard procedure is to pay you in the same intervals you were typically paid before your injury. That means that if were paid on a weekly basis, you should receive weekly checks. If you were paid bi-weekly, you should receive bi-weekly checks to cover both weeks’ benefits.
What to Do if Your Workers’ Comp Check is Late
If your Workers’ Compensation check is late, you should first and foremost talk to your lawyer. Our Allentown, PA Workers’ Compensation lawyers can advise you as to what to do in your specific situation and what might be happening behind the scenes that the check was delayed. Usually, the following options might be available to you:
Call The Insurance Carrier
If the check was never sent or there was a clerical error on their part and they simply messed up, then calling them might be the fastest way to straighten everything out. Double-check your address on file with them, ask them to confirm that the check was sent, and see if they have any other options to audit or double-check on it.
If they made a mistake and can correct it, then your check should be on its way. If they confirm the check was sent, then you may have other problems on your hands with the delivery. Alternatively, they could be wrong or lying.
In some cases, you might find out that they have already tried to send you notice that your benefits were suspended or terminated. That is supposed to be something that is sent to you so that you have warning of this and can file in court to have the decision reversed, but insurance carriers are not always on top of these things, and you might be surprised to find out your benefits are no more. In that case, you definitely need to go to court and get help from a lawyer to have your benefits restored.
Check with the Post Office
Mail has been less reliable than ever in the past few years, and closing post offices, reduced postal worker staffing, and re-arrangement of mail sorting processes might be responsible for a delay in the mail. Call your local post office and see if they can get you any information on whether there is a known delay in your area. They may also be able to check local rejected letters or simply ask your postal carrier to check their truck for dropped or misplaced letters.
You can also sign up for online mail updates with the post office in most areas, allowing you to see what mail is supposed to be in your mailbox today so that you can keep an eye on your incoming checks.
If your check was stolen from your mailbox, you can also report that to the postal inspector, then contact the insurance carrier to cancel their original check and get you a replacement.
File in Court
If your benefits were terminated, if you were not given notice, or if the insurance carrier is violating the terms of an agreement or Workers’ Compensation decision, then you may need to go to court to get things corrected. We may be able to appeal the decision to terminate or suspend your benefits, and we can potentially seek penalties against the insurance carrier for violating the processes or seeking self-help by extrajudicially stopping your checks without notifying you or the court.
How Do I Receive Checks for Workers’ Compensation in Pennsylvania?
As discussed above, Workers’ Compensation checks are usually mailed in Pennsylvania. Some Workers’ Comp insurers might be willing to set up direct deposit, but this is not typical. As of the writing of this article, there has been legislation proposed in the state legislature for the 2023-2024 session to allow for direct deposit of Workers’ Comp payments, but this proposal has not become law and may not be passed into law this session.
Can I Get a Lump Sum Instead of Periodic Checks?
Workers’ Compensation settlements can often get you a single lump sum payment instead of weekly/bi-weekly checks, but accepting a settlement like this comes with benefits and risks. While benefits staged out every week or every other week can help give you ongoing support, a lump sum allows you the flexibility to use the money now or invest it. However, having “too much” money all at once might hurt your eligibility for other government programs such as SSDI disability, an ACA marketplace healthcare plan, and Medicaid. Additionally, it is vital to have a lawyer review the settlement offer to see to it that the settlement contains enough money to cover ongoing wages as well as medical care you will need for your work injury going forward, as these settlements are typically “global” settlements that include medical care benefits as well.
Call Our Pennsylvania Workers’ Compensation Lawyers Today
For help with your work injury case, call Cardamone Law’s Philadelphia Workers’ Compensation attorneys at (267) 651-7945.
