Worker’s Compensation can be complicated; so, let’s start with an overview. First, every state has workers’ compensation laws requiring employers of a certain size to provide workers’ compensation benefits. In Pennsylvania, EVERY employer of any size is required to provide coverage. Second, it’s important to understand that those benefits are intended to be no-fault. So, whether a work-related injury, personal injury or disease occurs through an employer’s negligence or even through an employee’s negligence, in many cases, employees are entitled worker’s compensation benefits.
Regardless of where you live, most state workers’ compensation laws will provide the following:
Our workers’ compensation attorneys have more than four decades of experience representing clients with workers’ compensation issues. That experience, coupled with their aggressive approach, has produced consistently positive outcomes for our clients.
In Pennsylvania, worker’s compensation insurance is required for business owners with employees, part-time employees and possibly even independent contractors. Failure to do so may result in civil and criminal penalties. Apart from the legal considerations, employers lacking worker’ compensation coverage in the Commonwealth may be responsible for covering entire loss, awards or final judgement. They may also be responsible for reimbursing the Uninsured Employers Guaranty Fund including costs, interest, penalties, and additional fees. Employees can also file a lawsuit in state or federal court against employers that are uninsured. Outside of it being Pennsylvania law, it pays for any and all employers to provide workers compensation coverage for their employees.
We’ve handled numerous cases where we’ve provided employers with workers’ compensation defense. Although worker’s comp is a no-fault system, employers can be granted protection in cases where fraudulent claims are filed, if alcohol or drug use is involved, if an injury is self-inflicted, or if willful misconduct is involved. If you feel a workers’ compensation claim has been filed unfairly, we’ll be happy to consult with you and provide expert legal counsel.
As an employee, workers’ compensation laws are in place to protect you from loss of income, medical payments, and disability benefits stemming from work-related injuries, accidents, illnesses or diseases, and even death.
In Pennsylvania, you are not entitled to compensation until you provide notice to your employer within 21 days or unless your employer is aware of the injury. Notice must be given no later than 120 days following your injury for workers’ compensation benefits to be allowed, or the claim will be forever extinguished. Workers’ compensation claims are governed by a statute of limitations in the Commonwealth. After notice has been given, claims must be filed within three years from the date of the injury., The injured worker must treat with the employers approved posted panel of physicians or medical provider (ie. Doctor, chiropractor psychologist) within the first 90 days.
In some instances, worker’s compensation settlements are possible where both stakeholders look to close a claim. In exchange for a payment, an injured employee typically gives up the right to future claims against the employer. Payments can be made in full, upfront or through a structured deal.
If you’re an employee suffering from a work-related injury or an employer who feels a claim is unjustified, call us. We’ll setup a consultation with one of our workers’ compensation or personal injury attorneys to understand the facts surrounding your case and provide you with the defense you need.
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