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How Much Money Can I Get for Workers’ Comp in Pennsylvania?

Generally speaking, the available relief is 2/3 of your pre- injury average weekly wage (with a max rate of $1025.00 per week in 2018), and payment of reasonable, necessary, and related medical expenses (paid to the provider, unless it’s an out of pocket expense).

What damages are available in a Pennsylvania Work Comp case?

In some cases, there are additional amounts recoverable- for example in Pennsylvania Specific Loss cases, an injured worker can receive money, notwithstanding disability, for scarring of the head, face, or neck, that is permanent, unsightly, related, and not usually incident to the employment, or for amputations or loss of use for all practical intents and purposes.  One can also get benefits for work-related hearing loss in Pennsylvania- the requirements are very specific and quite technical.

Is there a Cost of Living Increase in Pennsylvania Workers’ Comp?

No. Temporary Total Disability can last a lifetime, theoretically. But it rarely does. Once an injured worker is on Temporary Partial Disability, there is a limit of 500 weeks. TTD is when an injured worker is not working at all and getting a full comp check. TPD is when there is an earning power established.  (by virtue of an injured worker’s actual post injury earnings, or by way of a Judge’s determination that the injured worker has an earning power that’s less than the pre- injury average weekly wage)

Can I get paid for pain and suffering?

The answer is no. Workers’ Compensation is the sole remedy against your Employer for a work-related injury. And Workers’ Compensation doesn’t include pain and suffering or payment for annoyance. You get a weekly or a bi-weekly check, and in many cases, a lump sum settlement, and payment of related medical treatment.

However, if there is a Third Party Case- you may be able to recover pain and suffering damages in that matter, but not in Pennsylvania Workers’ Compensation. Here’s an example: Your boss asks you to drive to Staples to get more paper for the office. On the way, you are rear ended. You sustain a disabling neck injury. You have two cases here. First, you have a Work Comp case against your employer and its work comp carrier.  Second, you have a potential case for negligence (Third Party case) against the driver who rear ended  you. In that Third Party case,  you may be able to recover pain and suffering damages. Note in these situations, there is a concept called “Subrogation” which means Reimbursement. The work comp carrier, will be entitled to subrogation , the right to get reimbursed from the Third Party case, using a formula that accounts for attorneys’ fees, costs, etc. Subrogation can be a tricky concept, so you’ll want to coordinate the Work Comp case with the Third Party case- such that the respective attorneys can maximize the recovery.  A Third Party is an entity other than the employer.

The Pennsylvania Work Comp Statute is a No Fault Statute. It doesn’t matter if the injury was your fault, the employer’s fault, or no one’s fault. If you’re injured in the course and scope of employment, you’re covered. (some exceptions such as intentional injuries, etc). As such, the employers and carriers aren’t punished with punitive damages. It was the “Grand Bargain” which balances the need to help injured workers until they can re-gain their earning power, but won’t decimate employers and carriers with the risk of catastrophic recoveries for negligence.

For more information about Pennsylvania Work Comp Law, call Cardamone Law.

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

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"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

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"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

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"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
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"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
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"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

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"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
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Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

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