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Frequently Asked Questions

Answers to common questions about Pennsylvania work-related car accidents, workers' compensation, and personal injury claims.

Workers' Compensation Basics

Can I get workers' comp if I was in a car accident while working?

Yes. If you were driving for work purposes - making deliveries, traveling between job sites, running work errands, or driving a company vehicle - your car accident is likely covered by workers' compensation. The key is that you were performing work duties at the time of the crash.

What does workers' compensation cover?

Workers' comp covers all reasonable and necessary medical treatment related to your injury, plus partial wage replacement (about 2/3 of your average weekly wage). It also covers vocational rehabilitation if you can't return to your previous job.

What if the accident was my fault?

You can still receive workers' compensation benefits. Workers' comp is a "no-fault" system - you don't have to prove anyone else caused the accident. The only exceptions are if you were intoxicated, engaged in horseplay, or intentionally hurt yourself.

I'm an independent contractor. Can I get workers' comp?

It depends. Many employers misclassify employees as independent contractors to avoid paying workers' comp. Even if your employer calls you a contractor, you may legally be an employee entitled to benefits. We can evaluate your specific situation.

My employer doesn't have workers' comp insurance. What do I do?

Pennsylvania requires most employers to carry workers' comp insurance. If your employer doesn't have coverage, you can file a claim with the Uninsured Employers Guaranty Fund. You may also be able to sue your employer directly.

Two Claims: Workers' Comp + Personal Injury

Can I sue the other driver AND get workers' comp?

Yes! This is what makes work-related car accidents unique. You can receive workers' comp benefits from your employer's insurance AND sue the at-fault driver for personal injury damages. These are two completely separate claims.

What's the difference between workers' comp and personal injury?

Workers' comp covers medical bills and partial wages but doesn't include pain and suffering. Personal injury lawsuits can recover full lost wages, pain and suffering, emotional distress, and other damages. Getting both maximizes your recovery.

Do the two claims affect each other?

Yes, there are coordination rules. If you recover money from the at-fault driver, your workers' comp carrier may be entitled to reimbursement. This is called "subrogation." Proper handling requires experienced legal help to maximize your net recovery.

Who handles each claim?

At Keystone Crash Lawyers, we handle your workers' compensation claim directly at Cardamone Law. We coordinate with our respected Personal Injury colleagues who handle the lawsuit against the at-fault driver. You get the benefit of specialized expertise on both claims.

Time Limits and Deadlines

How long do I have to report my injury to my employer?

You should report within 21 days. If you report within 21 days, benefits start from the injury date. If you wait longer, benefits may only start from the date you reported. After 120 days, you may lose your right to benefits entirely.

How long do I have to file a workers' comp claim?

You have 3 years from the date of injury to file a workers' compensation claim petition in Pennsylvania.

How long do I have to file a personal injury lawsuit?

Pennsylvania's statute of limitations for personal injury is 2 years from the accident date. Miss this deadline and you lose your right to sue forever. If a government vehicle hit you, notice requirements may be much shorter.

Why shouldn't I wait to contact a lawyer?

Evidence disappears quickly - witness memories fade, surveillance footage gets deleted, vehicles get repaired. Insurance companies start building their defense immediately. The sooner you have legal help, the stronger your case will be.

Medical Treatment

Can I choose my own doctor?

For the first 90 days, you must treat with a doctor on your employer's panel list (if they have one). After 90 days, you can switch to your own doctor. Emergency treatment is always covered regardless of the panel.

What if the insurance company denies my treatment?

Insurance companies often deny treatment to save money. We can challenge these denials through utilization review and other legal processes. Don't accept a denial without a fight.

Do I have to go to an IME (Independent Medical Exam)?

Yes, the insurance company can require you to attend an IME with their chosen doctor. These exams are often used to cut off your benefits. You have the right to have someone accompany you, and we can help you prepare.

Compensation and Settlements

How much is my case worth?

Every case is different. Value depends on injury severity, medical treatment, lost wages, future disability, pain and suffering (in the personal injury claim), and other factors. We provide free case evaluations to discuss your specific situation.

Should I accept the insurance company's settlement offer?

Almost never accept a first offer without legal advice. Insurance companies offer low settlements hoping you'll accept before understanding your full rights. Once you settle, you can't go back for more money.

How do lawyer fees work?

We work on contingency - you pay nothing unless we win. Workers' comp attorney fees in Pennsylvania are capped at 20% and must be approved by a judge. Personal injury fees are typically 33-40% of recovery.

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