Pennsylvania Department of Labor And Industry Information

In Pennsylvania Workers’ Compensation we often brush up against other areas of the law. One of those areas deals with wage and hour issues such as minimum wage, sick pay, breaks, etc.  Here is some useful info from the Pennsylvania Department of Labor and Industry:

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=563209&mode=2

If you need more info about these issue or concerning Pennsylvania Work Injury Law, call experienced PA Work Injury Lawyer Michael W. Cardamone for a free and prompt consult at 215-206-9068 or email MyPhillyWorkersComp@Gmail.com

Fighting For Injured Workers Across Pennsylvania

100% Workers’ Compensation; 100% For Injured Workers

The Cardamone Law Firm

The Firm For Injured Workers In Pennsylvania

Pennsylvania Super Lawyer Workers’ Compensation For Injured Workers

Thank you to my colleagues for voting me a Pennsylvania Super Lawyer- “Rising Star” in 2012- in the area of Pennsylvania Workers’ Compensation. This is the 4th consecutive year they have voted for me.  The Rising Stars are the top 2.5 percent of attorneys in their practice area, who have either practiced for less than 10 years, or who are younger than 40 years of age. (I am 38 years old).

While I may have been voted a Pennsylvania Super Lawyer, it is my clients who are truly “Super”. They allow me the opportunity to fight for them and their families every day. I am grateful that I can practice law in this unique and complex niche of the law.

Here is a link to my Pennsylvania Super Lawyer In Workers’ Compensation Info

Pennsylvania Workers’ Compensation- Description Of Injury- Why Does It Matter?

In a Pennsylvania Work Comp case, the employer/insurer usually issues a Notice of Compensation Payable when they accept the fact that a work injury took place. On this key, controlling document, there is a place in the upper left hand corner to list “body parts affected” and “type of injury”.  In the vast majority of cases, the insurers will list the most benign diagnoses- such as a “lumbar strain/sprain” or “contusion”.  There are several reasons for this. First, the NCP must be issued (although many times it comes later) within 21 days from when the injured worker gave notice of his/her work injury. In this early stage, the medical treatment hasn’t been very well developed. Also, the injured worker usually treats with the Employer’s Panel Doctors- who tend to minimize the nature of the injuries, naturally. In addition, since the insurer issues the NCP unilaterally, they are not going to put themselves on the hook for serious injuries- although in some cases, where the nature of the injury is clear- such as a fractured bone after a fall- they will.  Because most people have some degree of arthritis, the insurers hope that a doctor will label the work injury a “contusion” or “sprain/strain” while pinning the causal connection of the injury after a few months to this underlying condition.

So, if you have been injured at work, what should you do if the insurer minimizes the nature of your injury? Talk with an experienced Pennsylvania Workmans Comp Lawyer. If your medical bills and wage loss benefits are being paid appropriately, I tend to let the description stand. However, if medical bills or wage loss isn’t being paid, I will file a Petition to Review to challenge the description of the work-related diagnoses. Or, if the insurer files a Petition to Terminate, Modify, or Suspend– efforts to reduce their liability-then I will counter with my Petition to Review at that time.

Why is the description of the work injury important? There are a host of reasons. First, you don’t need unpaid medical bills and credit problem which can result when the insurer refuses to pay medical bills for a work-related back surgery- with them claiming the injury was a mere strain or sprain. Secondly, the value of your case for settlement purposes may be affected by the description of the work injury.  For example, if your chronic low back pain has caused a psychological condition such as anxiety or depression, you may want to file a Petition to Review to add these diagnoses, to enhance the value of the case for settlement purposes and/or to have medical coverage for ongoing treatment if no other source of insurance exists.

How do I win a Petition to Review? Talk to your PA Work Comp Lawyer. But generally, the lawyer will take the injured worker’s testimony in addition to testimony from the treating doctor. The insurer will almost always set up an Independent Medical Exam to see if the IME doctor agrees with the allegations. If the doctors disagree with each other- which is quite common- the litigation can take up to a year depending on many factors. (ie, what Judge gets assigned the case, coordinating schedules for doctors’ depositions, delays, etc).

In summary, the description of a PA Work Injury is a critical part of a PA Work Comp case. Don’t let your employer or insurance company dictate what injury is deemed work-related. Get a legal analysis from a Pennsylvania Work Comp Lawyer to determine if and when you should proceed with a challenge to the description of injury.

For more info about Pennsylvania Workers’ Compensation, call Attorney Michael Cardamone directly at 215-206-9068 7 days a week or email mcardamone@krasno.com

 

 

Septa Accident Lawyer In Philadelphia

On the news recently, we’ve heard about the high incidence of Septa drivers getting assaulted. If you work for Septa and are injured while working, you are entitled to 2/3 of any wage loss that results from the injury, in addition to payment of all medical bills for reasonable, necessary, and related medical treatment.

Septa has detailed and strict policies for injured workers once an injury has taken place, so it’s important to speak to a Pennsylvania Work Comp Lawyer to help guide you through the complicated maze of rules.

Septa can be aggressive in fighting work-related injury claims, so don’t be afraid to hire an experience PA Work Injury Lawyer to understand your rights under the Pennsylvania Workers’ Compensation Law.

I have successfully represented many Septa employees in workers’ compensation litigation. In addition, if you were a passenger on a Septa bus, train, trolley, or the subway, and injured as a result of someone’s negligence, I can refer you to an experienced Septa Personal Injury Lawyer to make sure you get compensated for your injuries.

Septa has a team of highly skilled lawyers working on its behalf. You shouldn’t let them bully you after an injury. Talk to an experienced Work Comp Septa Lawyer for a free consult. Call Michael W. Cardamone at 215-206-9068 or email mcardamone@krasno.com

Free Consults 7 days a week!

Philadelphia, PA Work Comp Lawyer