Warminster, PA Workers’ Comp Lawyer

Filing for Workers’ Compensation benefits after an injury is often your best – and sometimes only – chance at getting your medical bills covered and your lost wages paid.  If you were hurt in an accident while performing work duties, reporting your injury and starting your claim should often be your next steps.

However, the system is often stacked against injury victims.  Insurance carriers and employers have the money and motivation to shut down claims and save themselves money.  However, our lawyers can stand up for you, using our specialized training and experience to take them to task and get you the benefits you are owed.

For a free case review and to speak with our Certified Pennsylvania Workers’ Compensation Specialists, call Cardamone Law by dialing (267) 651-7945.

How Workers’ Comp Works to Cover Injured Workers in Warminster, PA

Most work injury cases were traditionally resolved with lawsuits.  In these cases, the injury victim sues the at-fault party, and when the court determines that they were at fault, they order them to pay damages.  Workers’ Compensation is a replacement for this system, allowing injured workers – in an ideal world – to file a claim to get payment for their medical bills and lost wages.  However, insurance carriers often make this harder than it needs to be, complicating the system.

Workers’ Comp takes away the ability to sue your employer for injuries, but it replaces it with Workers’ Comp, which can cover you even when your employer is not at fault.  Proving your employer caused the accident is not required for a Workers’ Comp claim, and injury claims can be based on harm from a third party, a dangerous employer, or even an employee’s own mistakes.  This opens compensation to many injury victims who might not have gotten their injuries paid for in a lawsuit.

However, this puts most of the initial decision-making power in the hands of insurance carriers and employers, who get to decide whether or not to accept the claim.  The buck does not stop with them, however; when the insurance carrier denies a claim, you can file a petition in court to get your benefits paid.

In court, our Workers’ Compensation lawyers present your claim for Workers’ Comp to a judge.  The judge will hear the evidence we have and decide whether or not the injury should be covered.  If the judge decides in your favor, the insurance carrier will be ordered to start your benefits, or else they might offer you a lump-sum settlement instead.  We can also appeal unfavorable decisions.

Qualifying for Workers’ Comp Benefits in Warminster

The bar for who qualifies for Workers’ Comp is often quite low, and many injuries and accidents should be paid for under your employer’s Workers’ Comp.  The following factors are the most important in whether or not your claim qualifies:

Work-Related Injuries Only

If your accident was related to your job tasks, then it should be covered.  The only accidental injuries that are not covered by nature of the accident are injuries that happen outside of work or cannot be linked to the scope of your work.

Injuries to “Employes”

“Employes” under the Workers’ Comp Act – i.e., “employees” spelled the conventional way – should get coverage for all qualifying injuries.  This usually covers most hourly or salaried workers working for employers who control the time, place, and manner of the worker’s job.  This usually excludes independent contractors, who control their own work.  It also excludes coverage for certain workers, e.g., real estate agents.  Federal employees also use a different system.

No Intent or Bad Action from Victim

Workers’ Comp usually covers accidents, but it can also cover intentional injuries by someone else at work.  However, it cannot cover injuries you intentionally cause yourself.  Additionally, you cannot file a claim for injuries you caused yourself while drunk or high or injuries related to illegal acts you performed at work.

You Have Injuries/Lost Earning Capacity

Injuries should be covered regardless of severity.  However, employers may be reluctant to cover ongoing care, and our lawyers can fight denials.

However, wage-loss benefits can be denied if your injury keeps you away from work for 7 days or fewer.  Benefits are only paid for lost earnings and lost earning capacity once your injury keeps you from working for over 7 days, and those first 7 days get paid later if your injury keeps you from working for at least 14 days.

Reporting Requirements

Injuries should usually be reported within 21 days, but they must be reported within 120 days of the accident.  If not, you lose the chance to file for Workers’ Comp.

How Much Does Workers’ Comp Pay for Injuries in Warminster, PA?

Workers’ Compensation usually pays for 100% of your medical care and pays you 2/3 of your lost wages.  However, there are some additional benefits you can receive, and pay for wage-loss benefits is often more complex than simply taking 2/3 of your wages:

Specific Loss Benefits

If you lost a limb/body part, lost function in a body part, lost your sight/vision, or had substantial facial scars from your injury, Workers’ Comp pays you “specific loss” benefits for that injury.  This money comes on top of your other benefits and is paid in terms of a number of weeks’ worth of 2/3 of your typical income before the accident.  For example, if you were normally paid $1,200 per week and lost a thumb, you should receive 100 weeks of $800 for a total of $80,000.

Calculating Wage-Loss Benefits

Your “wages” are calculated based on your average weekly wage (AWW) before the accident.  Most claimants receive 2/3 of that AWW, but if you are still working at a reduced rate because of the injury, then you get 2/3 of your old AWW minus your new AWW.

Weekly benefits are capped at the statewide average AWW, which is set at $1,325 per week for 2024.  This means you get that amount if your wages are $1,987.50 or higher (i.e., 1,325 is 2/3 of $1,987.50).  At the lowest, your benefit can be half of the statewide AWW ($662.50 per week) or 90% of your AWW, whichever is lower.  This means that if you make under $993.76 per week, you receive $662.50 per week; if you make $736.10 or less per week, you receive 90% of your AWW per week.

Call Our Warminster Workers’ Comp Lawyers Right Away

Contact Cardamone Law’s Workers’ Comp attorneys for your free case analysis at (267) 651-7945.