Montgomery County, PA Work Injury & Workers’ Comp Lawyer

Many injured workers in more remote parts of Pennsylvania hire our attorneys to assist them due to conflicts of interest or perceived alliances between their local Worker’s Comp lawyers and the insurers and/or employers in their area. When we represent you, our loyalty is 100% with you, the injured workers who need help filing Workers’ Compensation claims.

Our founding attorney, Michael Cardamone, grew up in Montgomery County, went to grade school at St. Rose in North Wales, and currently resides in Montgomery County, in addition to having a Blue Bell office. We assist injured workers throughout Pennsylvania and do not decline cases because of a long drive to a hearing. All cases are important to us.

For free case assessments on your Pennsylvania Workers’ Comp injury, call our experienced Certified Pennsylvania Workers’ Comp Lawyers at (267) 651-7945.

How to Start Your Work Injury Claim in Montgomery County, PA

Work injuries are usually filed through the Workers’ Compensation system in Pennsylvania. This system is meant to provide benefits to injured workers for all of their medical bills and about 2/3 of their lost wages, all without the need to prove fault. This is different from a lawsuit or an insurance claim under liability insurance in that fault is not proven and the benefits paid are a bit different. To initiate your claim, you start by notifying your employer of your injury.

Your employer needs to be notified of the injury within 120 days of its occurrence, or else your claim can be totally denied.

When you notify your employer, they will ask for information about the accident and how it happened as well as what injuries resulted. You will need to have a doctor examine you and document the injury to help you prove that it exists in the first place and that it was work-related. Our Workers’ Compensation lawyers can also help you fill out any forms or reports with your employer.

From there, your employer files the claim with their insurance carrier. The claim might be denied or challenged at this stage, often denied on the grounds that they think the injury happened outside of work, that they do not think the injury is serious enough to keep you out of work, or that they simply do not believe the injury exists. From there, our lawyers can step in to help you appeal the decision, negotiate with the insurance carrier, and even petition the courts to intercede and overturn these rulings and decisions in your case.

Do You Sue or File a Workers’ Comp Claim for a Workplace Injury in Montco, PA?

Workers are often a bit intimidated by the Workers’ Comp system because it is very specialized and inaccessible, with employers and insurance carriers often keeping information locked down aside from the posters and disclosures they are legally required to post at work. The thought that you might be able to take your case to a personal injury lawyer or file an insurance claim might seem simpler, but in reality, it is often not an option at all for a work injury case.

Our attorneys are Certified Pennsylvania Workers’ Compensation Specialists, a title awarded only to lawyers who have proven experience and knowledge about how the Workers’ Comp system works. We devote our practice solely to Workers’ Comp cases because it is often the only option that injured workers have to get paid for their injuries. Under the Workers’ Comp Act, lawsuits against your employer are often barred altogether, and even when they are allowed, they are exceedingly rare.

Bar on Lawsuits

Injured workers are not allowed to sue their employer except for cases of intentional injury, cases where your employer does not have the required insurance, or cases where the worker is actually an independent contractor instead of an employer. Workers can sometimes sue third-party defendants, such as equipment manufacturers, but these lawsuits are often drawn out and provide little more than what you would receive through Workers’ Comp to begin with.

Filing for Workers’ Comp

Instead, the law wants you to file through Workers’ Comp. This is a no-fault system where workers can get benefits even in cases where a lawsuit would be impossible to win. For example, you cannot sue an employer, but you also cannot sue anyone if the injury happened in a complete accident or in an accident where you were responsible. Workers’ Comp still pays benefits in all of these situations, giving injured workers access to benefits where a lawsuit would fail 100% of the time.

Difference in Cost

In most cases where you file through Workers’ Comp, your attorney’s fees can be paid through a contingency fee where we will not be paid unless you get paid. We are capped at 20% of your winnings, compared to personal injury lawyers, who often charge at least 33% of your case for their services.

How Much Does Workers’ Comp Pay in Montgomery County, PA?

Workers’ Comp pays you for all of your medical care. The cost of this will, understandably, vary from case to case, but your employer’s insurance is required to cover all necessary care, no matter what it costs. They are also required to pay you a portion of your lost wages, which is one of the most readily calculated areas of benefits.

Your “wage-loss benefits,” as they are called, will pay you back for a portion of your average weekly wage from before the injury. This average is calculated based on averages long-term averages and accounts for seasonal work, so it might ultimately be more than what you were getting paid immediately before the accident. Our attorneys can help you understand where this value comes from if you have any doubts that it was calculated appropriately in your case.

The portion you receive in weekly benefits usually equals 66 2/3% of your average weekly wage. This weekly benefit does have a cap, which is valued at $1,325 for 2024. If your weekly wages range from $736.11 to $993.75, then you should receive $662.50 per week in benefits – potentially more than 66 2/3%. For earners making under $736.11, you should get 90% of your weekly wage.

If your injury involves an amputation or complete loss of function in a body part – e.g., a severe finger or a paralyzed leg – then you received “scheduled” or “specific-loss” benefits. These pay 66 2/3% of your wages for a set number of weeks, depending on the specific injury. The “schedule” for these injuries can be found in § 306 of Article III of the Pennsylvania Workers’ Comp Act.

Death benefits are also available to the dependents and spouse of a worker killed because of work conditions, work injuries, or a work-related illness.

Contact Our Workers’ Comp Lawyers in Montgomery County, PA Today

Cardamone Law’s Workers’ Compensation attorneys represent injured workers. Call us at (267) 651-7945 as soon as you can for a free evaluation of your case.