Following a serious accident, you need medical care. Medical expenses are core in determining the damages for any personal injury claim. You can seek compensation for the full scope of your medical costs, including things like emergency medical care, hospital bills, doctor’s visits, medications, medical equipment, and whatever other services may be required.
Anticipated future medical needs in a personal injury claim refer to the projected or expected future medical expenses that an injured person is likely to require as a direct result of their injury.
It is a key category of economic damages. Unlike past medical bills (which are documented with receipts), anticipated future needs must be supported by evidence to avoid being speculative.
In some cases, injured victims in Franklin County may also need rehabilitative medical support. It could include things like physical therapy, mental health counseling, and other types of support services that are designed to aid in physical and mental recovery from an accident.
Another key category of economic damages is lost wages. A serious accident in Franklin County could force you to take time off from work. You have the right to seek compensation for any lost paychecks through your personal injury claim. A very serious injury could reduce your long-term earning power. You can seek financial compensation for diminished earnings as well.
Pain and suffering are a form of non-economic damage. It can be recovered through a personal injury claim in Pennsylvania. As with other non-economic damages, pain and suffering can be more challenging to prove, as it is not tied to any specific dollar figure. A proactive approach is a must. A top-rated Franklin County personal injury lawyer can help.
If you have a long-term disability or permanent impairment related to your accident, that could disrupt your future. You may be dealing with reduced life enjoyment and a wide range of other issues. Beyond associated medical costs and lost wages, you can also seek compensation for this type of loss as non-economic damages.
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury attorney fights tirelessly to secure the maximum compensation for injured victims. Have questions about recovering damages? We can help. Contact us now for a free, no obligation initial consultation. We represent injured victims throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>Duty
In Pennsylvania, the first step is proving that the defendant owed a legal duty of care. A duty arises when the law requires a person to act with reasonable care under the circumstances. For example, drivers owe a duty to operate vehicles safely. As another example, businesses and property owners owe duties to maintain reasonably safe premises. The existence and scope of duty depend on the relationship between the parties and the specific risk that caused the injury.
Breach
A breach occurs when the defendant fails to meet the applicable standard of care. In practical terms, this means acting unreasonably or failing to act when required. In Pennsylvania, breach is evaluated by comparing the defendant’s conduct to what a reasonably prudent person would have done in the same situation. Every accident in Franklin County should be thoroughly investigated.
Causation
Causation requires proof that the defendant’s breach caused the injury. Pennsylvania law requires both factual causation and legal causation. The injured victim must show that the harm would not have occurred but for the defendant’s conduct and that the injury was a foreseeable result of that conduct.
Damages
Finally, injured victims need to prove their damages. A personal injury claim in Franklin County is only viable to the extent that a victim has damages. You will need to prove not just the existence of the damages but also the severity of your damages. Only when you have done so will you be able to secure the maximum available financial compensation.
Proving negligence is key to a personal injury claim in Pennsylvania. However, it is not the only important step in the process. Injured victims in Franklin County also need to prove the full extent of their damages. Only after doing so will you be in the best possible position to secure the maximum possible financial recovery. Along with other compensation, injured victims in Pennsylvania may be able to recover damages for:
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury attorney is standing by, ready to investigate your accident. We will gather the evidence that you need to prove negligence. Contact us now for a free, no-obligation, and completely confidential case review. We handle negligence claims throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>A serious accident should always be reported right away. What exactly that entails will depend on the specific situation. You need to make a good-faith effort to report the accident to the appropriate authority based on where and how it occurred. For example, you should call the state or local police for motor vehicle crashes. Alternatively, you should notify a property owner or business manager of a slip and fall accident. The failure to report an accident can raise questions about credibility. You do not want to deal with that during your personal injury claim.
Your health comes first. You should seek immediate medical care after an accident in Franklin County. All injuries should be evaluated by a qualified doctor. It is important to see a reliable medical provider as soon as possible, even if your initial symptoms seem minor. Many injuries worsen over time. Not only does that put you in a worse position for your physical recovery, but any delayed treatment gives insurers an excuse to try to fight your claim.
As Pennsylvania operates under a fault-based standard for personal injury claims, it is crucial that you proactively document your accident/incident. You should try to do what you can to preserve evidence before it disappears. To start, you should take photographs of the scene, hazards, vehicles, and visible injuries. You should also try to capture lighting, weather, signage, and surrounding conditions. Write down what happened while the details are fresh. Finally, if there are witnesses, collect names and contact information.
Insurance companies are not on your side. Following a serious accident in Pennsylvania, you should be very cautious when dealing with an insurance adjuster. You may need to notify an insurance company that an accident happened. However, you have the right to take time to recover and gather your thoughts before giving any recorded statement.
Personal injury claims are complicated. The right attorney can make the difference in your case. You do not have to navigate the immediate aftermath of a crash (or the rest of the claims process) alone. A top Franklin County personal injury lawyer can handle insurer communication, preserve evidence, and assess liability before positions harden.
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania personal injury lawyer is ready to take proactive steps to help you get justice and maximum compensation. Contact us now for a free, no-strings-attached case review. From our Franklin County office, we handle personal injury claims all across the region, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>Under Pennsylvania law, most personal injury lawsuits are subject to a two-year statute of limitations (42 Pa.C.S. § 5524(2)). The clock generally starts running on the date the injury occurs. The legal deadline applies to car accidents, slip and fall claims, product liability cases, and other negligence-based actions. If a lawsuit is not filed within two years, the court will almost always dismiss the case as time-barred as a matter of law. You do not want to miss your chance to get justice and compensation for a personal injury in Franklin County.
Note: The two-year statute of limitations is the deadline to file a personal injury lawsuit. A claim does not need to be fully resolved within that two-year time period, so long as it is filed properly.
Pennsylvania courts recognize limited exceptions, but they apply them strictly and narrowly. Here are the most notable exceptions to the Commonwealth’s personal injury statute of limitations:
Note: There is also an exception in the other direction for a claim against a government agency or other government entity. You have less time to start the claims process in that type of case. Speak to a Franklin County personal injury lawyer right away.
The sooner you get started with the personal injury claims process, the better. The reality is that evidence can disappear, witnesses sometimes move, and insurers love to exploit any delay to their own advantage. You do not want to fall behind in the personal injury claims process: Consult with a top-rated Franklin County personal injury lawyer right away after a serious accident.
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury lawyer understands that claims are time sensitive. Have questions about the deadline to file? Contact us today to set up a free, no obligation initial appointment. We handle personal injury lawsuits throughout all of Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>Motor vehicle collisions are among the most common personal injury cases in Pennsylvania. All types of crashes fall under personal injury law, including car accidents and truck accidents, bicycle accidents and pedestrian collisions. The at-fault driver or other at-fault party can always be held financially responsible. Most of these cases are typically defended by insurers.
Premises liability claims involve injuries caused by dangerous conditions on another party’s property. In Pennsylvania, property owners and occupiers owe legal duties to maintain reasonably safe conditions depending on the visitor’s status. Slip and fall accidents, falling objects, inadequate security, and unsafe stairways commonly give rise to these claims. Liability often turns on notice. In a premises liability claim in Franklin County, the injured victim must show the property owner knew or should have known about the hazard and failed to address it.
Product liability cases arise when defective or unreasonably dangerous products cause injury. Pennsylvania recognizes strict liability for defective design, manufacturing defects, and inadequate warnings. These claims do not require proof of negligence, but they do require showing the product was defective and caused harm when used as intended or reasonably foreseeable. Still, even with strict liability as the standard product liability claims can be challenging.
Not all workplace injuries are limited to workers’ compensation. In Pennsylvania, injured workers may pursue personal injury claims against third parties whose negligence caused the accident. Common examples include negligent drivers, subcontractors, property owners, or equipment manufacturers. These claims exist alongside workers’ compensation benefits.
To be clear, the Pennsylvania Workers’ Compensation Act governs an injured worker’s no-fault claim against his or her own employer. It is a no-fault claim that does not fall under personal injury law. Still, a third-party liability claim, should a worker have one, is a negligence claim that is governed by personal injury law.
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania personal injury lawyers have the skills and experience to take on the full range of cases. If you have questions about the law, we are here as a resource. Contact us right away for a free, no-obligation initial case review. Injured victims need the maximum benefits. We handle personal injury cases throughout Franklin County, including in Chambersburg, Waynesboro, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>After a serious car accident, legal costs are often a major concern. Many injured victims worry they cannot afford a lawyer while facing medical bills, lost income, and ongoing treatment. The absolute last thing that you need to worry about is another bill that needs to be paid. With our Franklin County car accident lawyers, that is not a concern. We handle car accident injury claims on a contingency fee basis. Under a contingency fee arrangement, you do not pay retainer fees, hourly billing, or advance legal costs to hire a car accident attorney. Instead, our personal injury firm covers the cost of investigating the crash, gathering evidence, working with experts, and negotiating with insurance companies. We only get paid when you recover financial compensation.
A contingency fee means the attorney’s fee is a percentage of the compensation recovered through a settlement or verdict. The percentage is agreed upon in advance and outlined in a written fee agreement. Pennsylvania law requires contingency fees to be reasonable and clearly disclosed. Because payment depends on success, the attorney’s interests align directly with yours. When our attorneys represent you on a contingency fee, the only way we can generate additional legal fees is to put more money in your pocket. Our interests are fully aligned with your interests.
You can get started with your car accident claim today at no cost. Our Franklin County, PA car accident lawyers are proud to offer free, confidential, and zero-obligation consultations to injured victims. A free case review allows you to understand your rights, evaluate potential claims, and assess next steps without any financial obligation. During this review, we explain liability, insurance coverage, potential damages, and applicable timelines. Not sure if you have a strong case? Let our Franklin County auto accident lawyer review it for free.
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County auto accident lawyer is standing by, ready to review your case during a free consultation. We handle car accident injury claims on contingency. Contact us today for a free, no obligation initial consultation. We handle car accidents throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>First and foremost, it is important to emphasize that Pennsylvania generally follows at-will employment. An employer may terminate an employee for any lawful reason or no reason at all. That rule applies even when an employee is out of work due to injury. Workers’ compensation law does not require an employer to hold a position open indefinitely. In other words, that means it is possible to be fired (or laid off) while on workers’ comp without it being illegal.
The limits matter. However, at-will employment does not permit retaliation. Under Pennsylvania law (77 P.S. § 481(b)), an employer cannot fire, discipline, or penalize a worker because they filed a workers’ compensation claim or sought benefits. Retaliatory motive transforms an otherwise lawful termination into an illegal one.
Pennsylvania recognizes a cause of action for wrongful discharge when an employer terminates an employee in retaliation for exercising workers’ compensation rights. The protected activity includes reporting a work injury, filing a claim, and receiving benefits. It should be noted that retaliation claims focus on motive. Courts examine timing, employer statements, shifting explanations, and disparate treatment. A termination shortly after a claim filing strongly suggests that it might be retaliation, especially if the employer does not otherwise have a compelling reason to justify their decision. These cases should be investigated by an experienced Pennsylvania attorney.
Losing your job (whether lawfully or unlawfully) does not end entitlement to workers’ compensation benefits in Pennsylvania. Instead, your benefits depend on disability status and medical evidence, not employment status. If you remain unable to work due to the injury, wage-loss benefits may continue. Employers and insurers sometimes use termination to pursue modification or suspension of benefits, arguing job availability or voluntary withdrawal from the workforce. These arguments require proof. In other words, a termination alone does not defeat a claim.
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania work injury lawyer is a strong, experienced advocate for worker rights. Do you have questions about a workers’ comp retaliation case? We can help. Contact us today for your free case review. From our law offices in Gettysburg and Chambersburg, our attorneys handle workers’ comp cases throughout the Commonwealth.
]]>Workers’ comp benefits are excluded from gross income under federal tax law (Internal Revenue Service (IRS)). To be clear, wage loss benefits, specific loss benefits, and medical benefits paid through a workers’ compensation claim are not subject to federal income tax. Commonwealth law is very similar to federal law in this regard. Notably, the tax-exempt status of workers’ compensation benefits in Pennsylvania applies regardless of the duration and amount. Weekly checks, lump-sum payments for specific loss, and ongoing disability benefits all receive the same tax treatment.
Medical benefits paid through workers’ comp are also non-taxable. Payments made directly to healthcare providers do not count as income. Reimbursement for out-of-pocket medical expenses related to the work injury does not create tax liability either. To be clear, this means that you should not deduct medical expenses that were paid or reimbursed through workers’ compensation. Double recovery is not permitted. Keeping accurate records is key.
Tax complications may arise when workers’ compensation benefits interact with other income streams. If you also receive Social Security Disability benefits, a portion of those federal benefits may become taxable under offset rules. The workers’ compensation benefits themselves remain non-taxable, but they can affect how other benefits are calculated. If you have any specific questions or concerns about your rights or your options, an experienced Pennsylvania workers’ compensation attorney can help.
Workers’ compensation settlements in Pennsylvania generally remain non-taxable. However, proper allocation matters. Settlements often include language addressing future wage loss and Social Security offsets. Poorly drafted allocations can create unintended consequences with federal benefits. You do not want a mistake in the paperwork to take money out of your pocket. A Pennsylvania workers’ comp attorney will ensure everything is completed properly.
The Bottom Line: The workers’ comp money that you actually receive is designed to make up for the money that you would have earned but for your injury. It is effectively already adjusted for taxes. Workers’ comp benefits are not taxed under Pennsylvania law or federal law.
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania workers’ comp attorney handles all types of tax issues. If you have any questions about income tax and workers’ comp benefits, please do not hesitate to contact us today for a free, no-obligation consultation. With legal offices in Gettysburg and Chambersburg, we represent injured workers throughout Central Pennsylvania.
]]>You need to notify your employer that you were hurt while on the job. Pennsylvania’s Workers’ Compensation Act requires injured workers to report their injury within 120 days of the accident. This deadline is strict. If you fail to notify your employer within that period, you can lose your right to benefits entirely under 77 P.S. § 631. The rule applies to any workplace injury, whether it occurred in a single moment or over a shift. Employers must have notice before the insurance carrier becomes legally obligated to provide coverage. The 120-day rule exists to ensure prompt documentation, investigation, and medical evaluation.
While 120 days is the technical limit to report work-related injury under Pennsylvania’s workers’ comp, the law also includes a separate 21-day rule. If the worker reports the accident within 21 days, benefits become payable from the date of injury. If the worker waits until day 22 or later (but still within 120 days), compensation begins only from the date the injury was reported. The difference can make a big difference in the total amount of wage-loss benefits an injured employee receives. Be proactive: Report your accident to your employer as soon as possible.
Under Pennsylvania law, workers can report their injury verbally or in writing, but written notice is always safer. When doing so, it is best practice to identify the date, time, and place of the injury. Describe what you were doing and how the injury occurred. Among other things, you should provide the name of any coworkers who witnessed the accident. Include information about when symptoms first appeared. To be clear, Pennsylvania law does not require technical language. You simply need to communicate that the injury is work-related.
Once notice is given, the employer must file a First Report of Injury with its insurance carrier. It triggers the insurer’s obligation to investigate. If the employer refuses to document the report or discourages reporting, contact an attorney immediately. You can still protect your rights even if your employer mishandles the notice. If you run into any issues with this part of the process, an experienced Gettysburg, PA workers’ comp lawyer, can help.
At DiLoreto, Cosentino & Bolinger, P.C., our Gettysburg workers’ comp attorney has the knowledge and experience that you can trust when it matters most. Have any questions about reporting your accident? Contact us today for your free, completely confidential, and no obligation case review. With an office in Gettysburg, we represent injured workers throughout the region.
]]>In Pennsylvania, workers’ comp covers wage loss. With that being said, wage loss pays benefits based on disability, not diagnosis. Total disability applies when the injury prevents all work. On the other hand, partial disability applies when you can work with restrictions but earn less than before. The classification of a particular worker’s injuries will turn on medical evidence and available work within his or her medical restrictions.
A key thing that injured workers should know is that Pennsylvania imposes a waiting period before wage-loss benefits begin. If disability lasts seven days or fewer, no wage-loss benefits are payable. If disability exceeds seven days, benefits start on day eight. If disability lasts fourteen days or more, only then will benefits become retroactive to day one. In other words, you need to miss at least seven days to get wage loss workers’ comp benefits. If you miss fourteen or more days on the job, you can get retroactive pay for those first seven days as well.
Weekly wage-loss benefits equal two-thirds of the employee’s average weekly wage. The average weekly wage calculation can be complex. It may include overtime, bonuses, and concurrent employment depending on earnings history. Notably, that figure is subject to a statewide maximum statutory benefit. Injured workers should know that errors in the calculation are far too common. If you have any questions or concerns about the calculation of benefits in your case, an experienced Pennsylvania workers’ compensation attorney can help.
Note: Under Pennsylvania law (77 P.S. § 631), injured workers are required to give notice of their accident to their employer in a timely manner. Failure to tell your employer about your injuries could prevent you from getting workers’ comp benefits. In workers’ comp cases, the sooner you take action, the better. A proactive approach is a must.
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania workers’ comp attorney is here as a legal resource you can trust. If you have any questions about getting paid after losing time at work, we can help. Contact us today for your free case review. You do not have to take on the workers’ comp claims process alone. We have offices in Gettysburg and Chambersburg, and we handle workers’ comp claims throughout the region.
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