Pennsylvania Workers’ Compensation and Coronavirus Pandemic
We are living in a new world with the Coronavirus outbreak. There are so many people with various different questions ,concerns, and anxieties, naturally. We are here to provide some clarity and assistance regarding Pennsylvania Workers’ Compensation Law and First Responders in particular. Cardamone Law has successfully handled hundreds of Workers’ Compensation cases for healthcare workers.
The first question in the analysis is whether you are an employee or an independent contractor. Independent contractors are not covered by the Pennsylvania Workers’ Compensation Act. Employees are covered. The next question is whether you have sustained an injury in the course and scope of your employment and a resultant disability. Occupational diseases are covered by the Pennsylvania Workers’ Compensation Act- so Coronavirus cases are indeed possible to pursue. The merits of each case will differ according to the facts. Also, you need to give notice that you sustained an injury on the job, and if this isn’t done within 120 days of when you were injured, or believed that your injury may be work-related, then the claim is forever barred. Notice within 21 days is optimal as no wage loss benefits can be triggered until notice is given. But 120 days is the absolute max time frame. Once notice is given to a supervisor/manager/owner, the Work Comp carrier for the employer has 21 days to investigate and either accept the claim, deny it, or temporarily accept it- and they have the ability to accept a claim for medical benefits only, or wage loss and medical benefits. The documents in this regard are called Notice of Compensation Payable, a Notice of Denial, or a Notice of Temporary Compensation Payable. If you receive any of these, call us so we can explain what it means in your situation.
Are you an EMT who injured your low back transporting a patient? Call us for assistance.
Are you a firefighter injured in the course and scope of your duties? Call us for assistance- even volunteer firefighters are covered.
If you are a police officer or firefighter, you may be eligible for Heart and Lung benefits (full salary) depending on your situation.
Are you a nurse or CNA who injured your shoulder while moving a patient? You are covered by the Pennsylvania Workers’ Compensation Act.
If you have contracted the Coronavirus while employed and you believe it was contracted from a work-related exposure, call us for assistance. While these cases may be tricky regarding the evidence needed to establish a work-related exposure, we can marshall your facts quickly to advise if we believe you have a strong case to pursue. Two key factors will be the notice requirement and the medical expert we utilize to make our case. Credentials and experience matter.
We can also help answer questions about the Family Medical Leave Act, Unemployment Compensation, Social Security Disability, Short and Long Term Disability, and other areas that intersect with Pennsylvania Workers’ Compensation cases.
Call Cardamone Law 7 Days a week at (215) 206-9068 or Email Michael@CardamoneLaw.com
We are here to help you and your family in these challenging times.