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How an Experienced Philadelphia Construction Accident Lawyer Can Help You Maximize Your Work Comp Benefits With A 3rd Party Case?

Pennsylvania Workers’ Compensation is a complex maze of rules and regulations that the insurer likes to use to minimize an injured worker’s case. Navigating this system alone is a foolish move. Cardamone Law workers’ compensation and construction accident lawyer Philadelphia PA have over 14 years of experience in handling workplace construction accident cases in Philadelphia. These injuries are often quite serious and require the expertise of an experienced construction injury lawyer.

3rd Party Case in Construction Accident Work Comp

An important aspect of these cases is spotting a 3rd party case. A 3rd party case is a case for negligence against a 3rd party- that is, an entity other than the Employer. An injured worker’s sole remedy for the work-related injury with respect to the Employer is the Pennsylvania Workers’ Compensation Law. However, if a 3rd party was responsible for causing the work-related injury, then a 3rd party case for negligence may be viable.

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Philadelphia Construction Accident Case
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The damages are different in these parallel cases. In the Pennsylvania Workers’ Compensation case, the damages (i.e., benefits) are equivalent to the loss of earning power and medical benefits in a PA work comp case. In a personal injury case, however, the damages may include pain and suffering.

An experienced Pennsylvania construction accident lawyer can help you identify the parallel cases and recommend a course of action according to the situation.

What Are Some Examples of A 3rd Party Case?

If you were injured in a motor vehicle accident while working, you would have a Pennsylvania Work Comp case against the Employer and a 3rd party case against the driver of the automobile if the driver’s negligence caused the injuries. Or, if you were working in a deli and cut off your finger because a machine malfunctioned, you would have a Pennsylvania Work Comp case against the Employer and a 3rd party case against the manufacturer of the machine that malfunctioned.

Third Party Case in Construction Injury

We have come across many situations where an injured worker has a Pennsylvania Workers’ Compensation lawyer or a construction accident lawyer Philadelphia, PA who has failed to spot a possible 3rd party case. This is a costly error- possibly costing the injured worker millions of dollars in damages outside of the Pennsylvania Workers’ Compensation case. Now, not every workplace injury in Pennsylvania has a viable 3rd party action. Indeed, the Pennsylvania construction accident lawyer must prove negligence on a 3rd party and show that the negligence was the proximate cause of the injuries. But the failure to alert the injured worker as to a possible 3rd party case is inexcusable.

Think You Have A Viable 3rd Party Case? Hire An Experienced Construction Accident Lawyer!

When an injured worker has a viable 3rd party case, in addition to the PA Work Comp case, the attorneys must consult with each other to maximize the cases. Why? Well, the work comp insurance carrier has a right to subrogation. Subrogation essentially means the right to reimbursement. In these contexts, this means the carrier is entitled to a portion of the 3rd party settlement proceeds (less attorneys’ fees and costs) unless that lien is waived or reduced voluntarily. This concept can be tricky and difficult to comprehend so it is important for the Philadelphia construction accident lawyers to translate this to his/her client so that he understands the implications of subrogation on the two cases.

It is very important to get a consult as soon after a work injury as possible. In Pennsylvania Workers’ Compensation the statute of limitations is 3 years. In personal injury (i.e., 3rd party) cases, it is a 2-year statute in Pennsylvania. However, the sooner a claim is investigated, the better the odds are at a favorable outcome.

Contact Cardamone: The Best Philadelphia PA Construction Accident Attorney!

If you were injured at work, call me or email the best Philadelphia construction accident lawyer in Pennsylvania, Cardamone Law, for a free and prompt consult 7 days a week. You can also contact our leading workers’ compensation attorney and top rated lawyer in America, Michael Cardamone on toll FREE number: (877) 560-7090 or michael@cardamonelaw.com.

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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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"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.
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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.
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.
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"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.
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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!"

- Faith B.
Google Reviews
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"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
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