What Happens if You Get Injured and Can’t Work?

June 18, 2024

If you’ve had a severe accident, you may think about what would happen if you 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 health care, 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, workers’ compensation should cover your medical expenses and, if you can’t work, include 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.

As soon as you begin working, your workers’ comp coverage is activated. If you suffer an accident, you must notify your employer as soon as possible. Although the law gives you up to 120 days to do so, you should not delay after you are injured, or your claim may be negatively affected.

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.

If your claim is accepted, you will be entitled to receive various benefits, depending on the circumstances of your injury. They include medical costs and partial wage replacement. Medical treatment related to your injury must be reasonable and may include:

• Doctor’s visits, including chiropractors
• Surgical services
• Hospital care, including services and supplies
• Prescription medication
• Certain medical equipment and devices.

Additionally, you may be required to receive your medical treatment from a list of health care providers chosen by your employer. If you are required to do so, it is only necessary for the first 90 days after your initial medical visit after your injury.

Regarding lost wages, workers may be entitled to up to two-thirds of their pre-accident salary or wage up to the state-allowed maximum. Under Pennsylvania law, there is no maximum period for the payment of wage-replacement benefits. They are paid for the duration of a person’s disability. If that person is totally disabled, the benefits will not cease until:

• The worker has made a medical recovery free of restrictions, or
• The employee returns to full employment of the job they had before the injury, or
• The employee is capable of performing other gainful employment and receives the same income as their pre-accident job.

Workers who can work to some degree will receive partial disability payments for up to 500 weeks, which works out to ten years.

If you were injured at work, you may also be able to seek compensation through a third-party claim. Third-party claims are against parties who are not part of your work force, such as customers, clients, and employees of other businesses. If you file a third-party claim, you are entitled to more damages than those available with workers’ comp claims.

Third-party claims give injured workers access to 100% of their lost wages as well as compensation for:

• Pain and suffering
• Mental anguish
• Disfigurement.

However, with third-party claims, the worker must prove fault, whereas there is no such requirement with workers’ comp claims.

Your Disabling Injury Happened Outside of Work

If your disabling injury happened outside of work, you will not be eligible for workers’ compensation. You may, however, file a compensation claim against the party who harmed you if your injury occurred due to their negligence, recklessness, or intentional acts. If so, you will have access to the same compensation available in third-party lawsuits.

Common occurrences that lead to injury claims include:

• Traffic accidents
• Slip and fall accidents
• Medical malpractice
• Dangerously defective products
• Intentional violence.

Regardless of why or how your accident occurred, if you are out of work, you need compensation. To help you access the maximum payout, contact an experienced injury lawyer to help you find the compensation you need.

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. Choose the one you can trust, a personal injury 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.