What is the Pennsylvania Workers’ Comp 90-Day Rule?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1d ago
Dealing with a workplace injury can be stressful and tiresome. It can be hard to keep your composure while medical bills and lost wages pile up. Still, certain procedures must be followed in order to obtain the Workers’ Compensation benefits you are owed. In Pennsylvania, the 90-day rule mandates that you initially seek medical treatment from designated panel physicians for the first three months following your on-the-job injury. Failure to do so may result in the denial of Workers’ Compensation benefits. However, after this 90-day period has ended, you will have the flexibility to choose your ..read more
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Can You Get Workers’ Comp if You Are Injured in an Amazon Warehouse in Pennsylvania?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1d ago
The nature of warehouse work can be highly dangerous. For instance, an Amazon warehouse worker may be hurt because they were lifting heavy items or because they were struck by a falling object. Further, many injuries occur while Amazon warehouse workers are operating potentially harmful machinery. Additionally, Amazon warehouse workers regularly endure grueling conditions that involve long shifts, intense physical demands, and high pressure to meet production quotas. Thankfully, you may receive payment for an injury or illness that you incurred while working in an Amazon warehouse. After revie ..read more
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Can Social Media Be Used Against You in a Workers’ Compensation Case in Pennsylvania?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
Social media apps of all kinds are constantly present. TikTok, Twitter/X, Facebook, Instagram, Snapchat, and many more are interacted with daily by countless people. Indeed, the likelihood that you are present on a social media app somewhere, even if you yourself do not have an online presence, is very high. Since so much of a person’s public-facing persona is online, jobs, school administrators, and important to our purposes, lawyers and insurance providers are looking at social media to see if there is anything they can use against a claimant to deny them benefits. In many ways, social media ..read more
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How to File a Workers’ Compensation Claim in Pennsylvania
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
Disclaimer: This article serves as a brief general guide for injured workers in York, PA, as well as other Pennsylvania counties. This is general information only and does not represent legal advice that may apply in specific workers’ compensation cases. Injured workers are strongly encouraged to discuss questions and concerns regarding Pennsylvania workers’ compensation law with a well-qualified workers’ compensation attorney in Pennsylvania. Workers’ Compensation in Pennsylvania is a no-fault system that provides benefits for injured workers. You don’t have to show that the injury was somebo ..read more
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Will Returning to Work Affect a Workers’ Comp Settlement in Pennsylvania?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
Yes it is still possible. Here is one scenario: Perhaps you are back to work with the same employer after your injury. But you’re working light duty or with some type of restrictions due to the work injury. The Employer may start running out of light duty work and the insurer may be nervous about you being put back on TTD- Temporary Total Disability- where you get a full work comp check. Or, perhaps your time of injury employer didn’t have any work after your injury to accommodate your restrictions from the doctor. Then you return to work somewhere else, but start making less than your pre- in ..read more
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How Does Utilization Review Work In A Pennsylvania Workers’ Compensation Case?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
UTILIZATION REVIEW: A METHOD THAT WORKERS’ COMPENSATION INSURANCE COMPANIES USE TO AVOID PAYING BENEFITS You learn that your medical treatment is under utilization review. What exactly does that mean? Should you be concerned? Pennsylvania workers’ compensation insurance companies hire adjusters to save the company money—not to help the injured workers. Insurance companies will do whatever they can to keep money in their own coffers—their concern is not to make sure that you get all of the benefits that you deserve, but to minimize their costs and maximize their profits. Image Source: pexels.c ..read more
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Can I Have a Workers’ Compensation Case and a Personal Injury Case from the Same Accident?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
Generally speaking, an injured worker who receives workers’ compensation benefits in Pennsylvania cannot sue his or her employer for causing a workplace accident. However, there are situations where an injured worker may file a personal injury lawsuit and seek compensation from another party responsible for the accident that caused the injury. These are known as “third-party lawsuits.” The workers’ compensation attorney and the third-party attorney work together to maximize the total recovery for the client. Image Source: freepik.com/fabrikasimfExamples of third-party claims include lawsuits ..read more
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How Do Workers’ Compensation Judges Decide Cases?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
After an employee suffers a work-related injury in Pennsylvania, if the employer does not voluntarily accept the injury and files appropriate documents with the Bureau of Workers’ Compensation, the usual next step is for the injured worker to retain an attorney who files a Claim Petition with the Bureau. The Bureau then assigns the case to a Workers’ Compensation Judge. The judge will typically receive testimony from the employee by deposition and/or at a hearing. The judge will also receive and review the testimony of factual and expert medical witnesses and any other relevant evidence presen ..read more
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Supersedeas On Appeal To The Workers’ Compensation Appeal Board
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
In cases where we win a decision on behalf of an injured worker, the employer/insurer often files an appeal to the Workers’ Compensation Appeal Board. That appeal is due 20 days from the date of the decision from the Workers’ Compensation Judge. The insurer’s attorney will often request Supersedeas or an Order that states that they don’t have to pay the award, or perhaps costs or a penalty award, at the outset of the appeal process. An Order from the WCAB is due within 30 days of the request for Supersedeas. Here is the relevant section of the Pennsylvania Code that applies: Image Source: fre ..read more
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What Is A Continuance In A Pennsylvania Workers’ Compensation Case? How Does It Work?
Cardamone Law Workers' Compensation Blog
by Bernard Clark
1M ago
The Pennsylvania Workers’ Compensation Act and its Regulations discourage repeated continuances or postponements of hearings. Experienced workers’ compensation attorneys should be retained by clients to file claim petitions for workers’ compensation benefits in Pennsylvania. Pennsylvania Workers’ Compensation laws and procedural requirements can be complex and demanding and require both experience and skill. An experienced workers’ compensation attorney will be familiar with the benefits that clients can obtain and when to pursue settlement of cases. Image Source: unsplash.com/Romain Dancre F ..read more
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