Michael W. Cardamone’s Answers

Michael W. Cardamone

Blue Bell Workers' Compensation Lawyer.

Contributor Level 8
  1. Can you settle with workers comp after you receive your social security disability ? how does this work in PA ?

    Answered about 2 years ago.

    1. Richard Alan Jaffe
    2. Ronald Lee Calhoon
    3. Robert L. Cullen
    4. Timothy D. Belt
    5. Terence Sean McGraw
    6. ···
    8 lawyer answers

    Yes, you can. However a settlement in Pennsylvania Workers' Compensation is a voluntary process. A case can settle at any time, whether before or after receipt of Social Security Disability benefits- so long as you and the employer/insurer agree to the terms of the settlement and have it approved by a Workers' Compensation Judge. It is very important to note that a finding by the Social Security Administration that you are unable to engage in substantial gainful employment does not mean the...

    5 lawyers agreed with this answer

  2. AFTER NECK INJURY DOCTOR SEND ME ON LIGHT DUTY,HE DID NOT DO AN MRI AND DON'T KNOW WHAT KIND INJURIES I HAVE.

    Answered over 2 years ago.

    1. Michael W. Cardamone
    2. Scott B Cooper
    3. Brian W Carter
    4. David J. McCormick
    5. Jeffrey Nelson Powers
    6. ···
    6 lawyer answers

    I need more information to adequately answer your question. You are never forced to work. But if you do not perform the job the Employer wants you to perform, there will very likely be consequences- both on your work comp case and employment status. Usually, an injured worker is required to treat with a panel doctor in Pennsylvania during the first 90 days-assuming certain technicalities were met. The panel doctors tend to minimize an injured worker's claim and diagnoses- sometimes even failing...

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  3. In Pennsylvania, do you need to not be working at all in order to be compensated by workers comp insurance?

    Answered over 2 years ago.

    1. Ronald Lee Calhoon
    2. Michael Scott Mednick
    3. Levi Samuel Wolf
    4. Michael W. Cardamone
    5. Timothy Dean McNair
    6. ···
    10 lawyer answers

    Yes, you can be compensated if you have an accepted claim, if your missed time is due to your accepted work injury, and if your average weekly wage since your return is lower than your pre-injury average weekly wage as listed on the Statement of Wages. It is strongly recommended that you speak to an experienced Pennsylvania Work Comp Lawyer immediately. The goal of the insurer is to pay as little as they can on each claim. As a PA Work Comp Lawyer, it is my goal to get you everything you are...

    4 lawyers agreed with this answer

  4. I was injured at work in October of 2012. Initially I was diagnosed with a shoulder sprain but an MRI was ordered 2 weeks later

    Answered almost 2 years ago.

    1. Andrew D. Swain
    2. Matthew Louis Solomon
    3. Michael W. Cardamone
    4. Heather A Lottmann
    5. Josh P Tolin
    6. ···
    6 lawyer answers

    If you do not have an experienced PA Work Comp Attorney, you should consult with one as soon as possible. You are now over 90 days from your work-related injury and have the right to see any doctor you want. You want to avoid the panel doctors that the Employer likely sent you to- they are biased and not usually the highest caliber doctors around. If the insurer did not accept your injury via Notice of Compensation Payable, then you need to file a Claim Petition which will put your case before...

    3 lawyers agreed with this answer

  5. On work comp, doctor says surgery.

    Answered over 2 years ago.

    1. Karl P. Voigt IV
    2. Levi Samuel Wolf
    3. Robert L. Cullen
    4. Richard Alan Jaffe
    5. Timothy D. Belt
    6. ···
    6 lawyer answers

    Making a decision as to whether you will undergo surgery is a difficult one. Many of my clients struggle with this issue. Here are a few tips. First, make sure to get at least two opinions from reputable surgeons. Try to get the surgeon to give you a range in terms of percentage of likelihood that the surgery will improve your condition. Also, ask yourself, "Is my situation unbearable?". If the answer is yes, and if two or more reputable surgeons says the odds of improving after surgery are 75%...

    3 lawyers agreed with this answer

  6. I got hurt at work and while out on workers comp my company laid me off. Can I collect unemployment after I get me settlement?

    Answered over 2 years ago.

    1. Robert L. Cullen
    2. Michael W. Cardamone
    3. Edward Clement Sweeney
    4. C. Lee Anderson
    5. George Ellis Corson IV
    6. ···
    6 lawyer answers

    If you are collecting workers' compensation checks, you can still get unemployment compensation- however, the workers' compensation carrier is entitled to an offset based on your UC benefits. To be eligible for unemployment compensation, you have to be able and available to work, but not working due to a necessitous and compelling cause. A work injury can qualify as a "necessitous and compelling case". If your doctor says you cannot work at all, you won't qualify since you have to be able...

    3 lawyers agreed with this answer

  7. Hurt at work they arent following comp dr instructions can i be fired if i call off due to injury

    Answered almost 3 years ago.

    1. Levi Samuel Wolf
    2. Robert L. Cullen
    3. Timothy D. Belt
    4. Michael W. Cardamone
    5. Michael John Mueller
    6. ···
    6 lawyer answers

    Yes, they can fire you. But that doesn't mean the firing was lawful. To protect yourself, make sure you are communicating with your supervisor as to the specific problems you are having. Many times, the employer brings in a witness to testify- alleging that the injured worker never made any statement that they couldn't handle the work. To build a strong case, make sure your treating physician understands your limitations and gives you appropriate restrictions. In many cases, the Judge will find...

    3 lawyers agreed with this answer

  8. What can I do if my restrictions at work are not being honored. I have asked for other work to not continue to injure my hand.

    Answered about 2 years ago.

    1. James V. Monaghan
    2. Levi Samuel Wolf
    3. Robert Bond
    4. Terence Sean McGraw
    5. Robert L. Cullen
    6. ···
    9 lawyer answers

    I receive a few calls every week about this situation. It goes without saying that every situation is unique. But generally, I advise my clients to 1) submit verbal and written notice to your supervisor that your restrictions aren't being complied with, 2) keep a diary as to how the restrictions are being violated (your case is likely to end up before a Work Comp Judge and having notes to refresh your memory a few months from now will really help you), 3) ask your doctor or therapist to tweak...

    2 lawyers agreed with this answer

  9. Can you get unemployment if your work doesn't accomadate you for an injury?

    Answered over 2 years ago.

    1. Timothy D. Belt
    2. Michael W. Cardamone
    3. Charles Anthony Rick
    4. Timothy Patrick Brennan
    5. David J. McCormick
    5 lawyer answers

    Unemployment will be a possibility if he is able to work in some capacity. If his doctor says he cannot work at all, then he won't be eligible since you have to be able and available to work to get UC benefits. It also sounds like he may have a workers' compensation case. An aggravation of a pre-existing condition is a compensable work-related injury in Pennsylvania. If he aggravates it each day as he walks during work, his doctor may support the work-related nature of it since it appears that...

    2 lawyers agreed with this answer

  10. Workers comp

    Answered over 2 years ago.

    1. Robert L. Cullen
    2. Levi Samuel Wolf
    3. Robert Alan Huber
    4. Brian Jay Kredo
    5. Karl P. Voigt IV
    6. ···
    8 lawyer answers

    Before you do anything, hire an experienced Pennsylvania Work Comp Lawyer- who fights for injured workers. Employers are desperate to get injured workers back to work- often times with no regard as to the worker's limitations and needs. I've had cases where my client's were advised to come back to a "light duty" job and they sat at stared at the wall all day- which is essentially mental torture. In your situation, you want to consider asking for a formal job offer letter which details the...

    2 lawyers agreed with this answer

Call Attorney Cardamone Directly At 215-206-9068 For A Detailed Analysis Of Your Case

215-206-9068