What Happens if You Get Injured and Can’t Work?
November 9, 2020
If you’ve had a severe accident, you may think about what happens if you get injured and can’t work. That depends on where and how you were injured. If you were injured while working, you may be able to have your wages partially replaced and get medical care through workers’ compensation. If your injury was outside your job and caused by another party, you may have a personal injury claim that could replace your wages, pay for your healthcare, and provide additional compensation. A personal injury lawyer can help.
If you’re injured on the job and can’t work, you should be able to file for workers’ compensation benefits. A successful claim will replace two-thirds of your wages plus pay for medical care and rehabilitation. If you lost the use of a part of your body, you might get payment, depending on which body part is injured.
If you can’t work because of an injury due to an accident caused by another party, you may have a personal injury claim. If negligence by that person, organization, or company can be established, there may be insurance coverage to pay for it. If the parties can’t agree on a settlement, the issue could be decided at trial.
In either case, a private disability insurance policy may be a source of income. You also may qualify for Social Security Disability benefits if you’re too disabled to work for at least a year. If you’re unemployed but can’t work because of an injury, you won’t qualify for unemployment benefits. A personal injury attorney at Wapner Newman can help guide you through this process, call today to learn how we can help.
You’re Injured on the Job and Can’t Work
If you’re injured or suffer a work-related illness, the workers’ compensation should cover your medical expenses and, if you can’t work, payments that will mostly cover your lost wages. Benefits are paid by insurance companies, third-party administrators, or the State Workers’ Insurance Fund, which covers self-insured employers. Most workers are covered by workers’ comp.
No benefits will be paid if your injury was intentionally self-inflicted or if you violated the law, including illegal drug use. An injury caused by intoxication may not be covered.
Coverage begins when you start working. Report your injury or illness to your employer or supervisor as soon as possible. You will have to fill out a report. You must do so honestly and to the best of your ability. It will be the foundation of your workers’ comp claim, along with your diagnosis, medical treatment, and rehabilitation efforts. If you don’t report it quickly, your benefits may be denied or delayed.
Your employer can accept or deny your claim. If it’s denied, with our help you can file a claim petition with the Bureau of Workers’ Compensation for a hearing before a workers’ compensation judge.
You will qualify for wage-loss benefits if you are totally disabled and unable to work. If you have a disabling, work-related illness or injury, you’re entitled to payment of related, reasonable surgical and medical services. If you permanently lost the use of all or part of your thumb, finger, hand, arm, leg, foot, toe, sight, or hearing, or have a severe and permanent disfigurement on your head, face or neck, you may be entitled to a specific loss award.
If you’re injured on the job and can’t work, total disability benefits (you are 50 percent or more disabled and you can’t work in any capacity) cover you as long as that’s your situation, potentially for the rest of your life.
Wapner Newman work injury lawyers in Philadelphia can help you and your family get through these tough times. Call us today at (215) 569-0900 to set up a free case evaluation.
Your Disabling Injury Happened Outside of Work
If you can’t return to work because of an accident caused by another person or party, you may have a personal injury claim. There’s no limit to the types of accidents in these cases. They can include:
- Vehicle accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Slips and falls
- Medical malpractice
- Defective products.
You would need to show that the accident and injury were the result of another party’s doing something wrong or failing to do something they should have done. The evidence would need to show what that person did, or didn’t do, to cause the accident and your injuries. You would have to establish your damages (the harm you suffered measured in dollars) and that under Pennsylvania law you should be compensated for them.
Even if you are partially to blame for the accident, you can still receive an insurance settlement or jury award. How much you’re at fault would be determined as your accident is evaluated. If you’re more than half the cause of the accident, you don’t have a case. If it’s less than half, what you would receive is the total amount that covers damages related to your injury, reduced by your share of the fault.
Compensation Available When You Get Injured and Can’t Work
In connection with an accident caused by another’s negligence, you may be compensated for a range of costs associated with your injuries and damage to property. Among the potential damages that are covered are:
- Past and expected future medical costs
- Wages you’ve lost and what you would have earned in the future
- Physical pain and emotional suffering
- Negative impacts on your relationships
- Loss of enjoyment of your life
- Permanent scarring and disfigurement.
If You’re Thinking, “I Can’t Work Because of My Injury,” Call Our Office
During an overwhelming crisis like living with a serious injury that leaves you unemployed, don’t settle for a lawyer you don’t feel is right for the job. Chose the one you can trust, an attorney who will treat you with respect, keep you informed, and is actively working on your case. We will devote the full resources of our firm to getting you results. Contact us today to schedule a free case evaluation.
If you are out of work because of an injury and live in Pennsylvania or New Jersey, contact Wapner Newman today at (215) 569-0900 to schedule a free case evaluation. We represent injury victims throughout both states and have offices in Philadelphia, West Conshohocken, Allentown, and Marlton.