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The Official Partner of the American WorkerSM
$2.2 Million
Spinal Injury
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Lower Back Injury

Who Pays For The Depositions In A Pennsylvania Work Comp Case?

Bringing a case to court can be expensive, which is part of your employer’s Workers’ Comp carrier’s goal in these cases.  They think that if they force you to take the case to court, then you will lose or give up because you can’t afford to pay for things like evidence and testing out of pocket.  However, the way that these expenses are paid is often a bit more complex than you might expect, and it often costs you nothing in the end.

Many of the tests and depositions that the insurance carrier will require are things that they need to pay for.  On the other hand, any evidence you need to gather – such as test results or depositions to build a strong case – also cost money.  Usually, our lawyers can pay for these litigation costs while the case is pending, given that attorneys fees and litigation costs end up being paid back by the insurance carrier as part of your award at the end of the case.

Call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law at (267) 651-7945 for help with your case.

Who Pays for Depositions and Litigation Costs in a Workers’ Comp Case in Pennsylvania?

Depositions can be quite expensive, given that you need to cover the office space to take the deposition, an attorney’s time, a stenographer to make a record of the deposition, and other costs.  Generally, the person who pays for the deposition is the person who requests it, with some caveats.  The same is true for other litigation costs, like expert reports and exhibits.

When your employer – or, more likely, their Workers’ Compensation insurance carrier – requests that you come in for a deposition, they pay for that cost.  If they want to take your time away from you and interview you ahead of a hearing, then that is up to them to cover the cost of that deposition.

On the other hand, when you need to depose someone as a witness in your case, we will work to cover that cost and prevent it from being passed on to you.  So, instead of having you pay up front and out of pocket for costs like this, our Pennsylvania Workers’ Compensation lawyers cover the cost instead.

At the end of the case, the evidence costs – and, oftentimes our attorney’s fees – are paid by the employer as part of the court order under § 440 of the Workers’ Comp Act.  This means that, at the end of your case, we get paid back for the expenses we had to pay for depositions, exhibits, and other costs of litigation anyway.

The fact that most injured workers cannot cover these litigation costs out of pocket, but our lawyers can, is part of why judges usually recommend that petitioners get a lawyer on their side – and often caution them that the case will be difficult or impossible without a lawyer’s help.

Who Pays for Medical Exams for a Workers’ Compensation Claim?

There is a lot of medical evidence needed in a Workers’ Comp claim.  Depending on how exactly the medical exam came about, the person who pays for it might vary.

Cost of Treatment

First and foremost, if you are seeking medical treatment for an injury, your employer’s insurance should cover that from the beginning.  Your ambulance ride, hospitalization, testing/scans, diagnosis, and emergency treatment should all be covered, especially if you came straight from work to get that care after a work accident.  When it comes to the debates and points of contention in a Workers’ Comp case before a Workers’ Comp judge, the issue is usually over how severe your condition is and whether it keeps you from working.

Examinations to Collect Evidence

The medical care to treat your injury might provide records that can be used as evidence in your case, but it is likely that you will need additional examinations by doctors other than your treating physician – doctors who can, in theory, be more independent.  Of course, when the insurance carrier chooses a doctor for you to see, it is anything but independent.  When you see a doctor of your choice to gather evidence, that allows you to counter their bias with a doctor of your own choice.

The examinations to gather evidence to use in your case are each paid for by the party who requests that exam.  That means that if the insurance carrier wants you to see their doctor, they pay for it; if you go to your own doctor, you pay for it – for now.

Like the costs for depositions, we can often get these costs reimbursed as part of your winnings in your case.

Independent Medical Examinations (IMEs)

As part of a claim for total disability that lasts 104 months (2 years) or more, the insurance carrier will be able to require you to go to an independent medical exam (IME) for an impairment rating exam (IRE) every 6 months.  In this exam, a separate doctor from the one who treats you will examine you and determine if you are still “totally disabled” and unable to return to work.  If they agree that you are, that will help you continue getting wage-loss benefits – but the insurance carriers usually pick biased doctors who will try to shut off or reduce your benefits.

When the insurance carrier requests an IME, they have to pay for it.  They also have to pay for your transportation to the exam and any wages you miss out on to attend.

If you need a separate exam to provide evidence to counter the IME’s results, we can also help you seek that out and potentially get that covered by your award, too.

Who Pays for My Lawyer for a Workers’ Comp Case in Pennsylvania?

Ultimately, legal fees can be paid out of the winnings in your case.  Our fees are capped under the Workers’ Comp Act’s § 442; we cannot receive more than 20% of your award as our fee for working on your case.  Additionally, § 440 – referenced briefly above – allows the judge discretion to include those fees as part of the judgment against the insurance carrier.

At the end of the day, this means that you pay nothing unless we win your case, and our fees come out of the award at the end of your case.

Call Our Workers’ Compensation Lawyers in Pennsylvania Today

For a free case evaluation, call our Pennsylvania Workers’ Compensation lawyers at Cardamone Law today at (267) 651-7945.

Awards & Recognitions

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

$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury

Client Testimonials

"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
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"Best Law Firm around!"

"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!"

- C. Edwards
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"Thank you from the bottom of my heart Mike and Shirley!!"

I called Shirley when I was scared and didn’t know what where my next dime was coming from after I was out with my work injury. Shirley was very kind and helpful guiding me every single step of the way. Mike was not your typical lawyer was not pushy but very responsive to all my gazillion questions. He helped me get my settlement quickly and settlement check in a very timely manner. Would recommend them to anyone! Mike helped calm all my fears and anxieties as I was trying to navigate one of the hardest and most stressful times in my life. Thank you from the bottom of my heart Mike and Shirley!!

- Jen Thompson
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"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"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."

- A. Ortiz
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"Michael won my workers comp case after my employer insurance denied my claim."

"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.
Google Reviews
"[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.
Google Reviews
"Highly recommend."

"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."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"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.
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!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews