Answers to common questions about Pennsylvania work-related car accidents, workers' compensation, and personal injury claims.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You have 3 years from the date of injury to file a workers' compensation claim petition in Pennsylvania.
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.
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.
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.
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.
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.
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.
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.
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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