Workers Compensation in PA
Injured at Work? Talk with Our Workers Comp Lawyers Near You
Worker’s Compensation is complicated. That’s why you owe it to yourself to speak with a workers comp lawyer near you in Montgomery and Bucks Counties. Why is workers comp so confusing?
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 workers comp benefits are intended to be no-fault. So in many cases, even if a work-related injury, personal injury or disease occurs through an employer’s negligence or through an employee’s negligence, employees are entitled worker’s compensation benefits.
Regardless of where you live, most state workers’ compensation laws will provide the following:
- Workers comp benefits are provided for accidental and in some states, non-accidental job-related injuries. Non-accidental injuries include repetitive strain or stress injuries, also known as RSIs. Examples of RSIs can be computer-related injuries like carpal tunnel syndrome as well as tendinitis, Epicondylitis (tennis elbow) and bursitis.
- Benefits include wage loss, medical and death benefits. In the Commonwealth, wage-loss benefits are based on the employee’s pre-injury average weekly wage including room and board, bonuses, incentive pay, vacation pay and gratuities.
- Covered employees are defined by law.
- Fault is not a determinant in whether or not a worker is entitled to worker’s compensation benefits.
- Employees give up the right to sue your business if you provide coverage, though they are entitled to sue a third-party such as an equipment manufacturer, a negligent driver, even an irresponsible property owner if their negligence contributed to the injury.
The workers’ comp lawyers at our local law offices in Doylestown and Norristown, PA have more than four decades of experience representing clients with workers’ comp issues. That experience, coupled with their aggressive approach, has produced consistently positive outcomes for our clients.
Hundreds of workers’ compensation cases successfully litigated
What you should know about workers compensation in PA
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 workers compensation coverage in PA 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.
Our workers comp lawyers have handled numerous cases where we’ve provided employers a workers’ compensation defense. Although worker’s comp in PA 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 a personal 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 from one of our work injury lawyers.
Workers’ comp and your rights as an employee
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
Get expert legal counsel about workers compensation in PA
If you’re an employee suffering from a work-related injury or an employer who feels a claim is unjustified, call our law firm. We’ll setup a consultation with one of our workers’ comp lawyers or one of our personal injury lawyers at our Doylestown and Norristown law offices to understand the facts surrounding your case and provide you with the defense you need.
Tom Panzer has provided excellent representation on my behalf. I would not hesitate to recommend the legal services of High Swartz!!!