Workers Compensation in PA
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 specific size to provide workers' compensation benefits. For example, in Pennsylvania, EVERY employer of any size requires coverage. Second, it's essential to understand that no-fault governs workers' comp benefits. So in many cases, employees are entitled to worker's compensation benefits, even if a work-related injury, personal injury, or disease occurs through an employer's negligence or an employee's negligence.
Provisions of Workers' Comp
Regardless of where you live, most state workers' compensation laws will provide the following but talk to a workers' comp lawyer familiar with PA state laws.
- Workers comp benefits are provided for accidental and, in some states, non-accidental job-related injuries. For example, non-accidental injuries include repetitive strain or stress injuries, also known as RSIs. Examples of RSIs cover computer-related injuries like carpal tunnel syndrome, tendinitis, Epicondylitis (tennis elbow), and bursitis.
- Benefits include wage loss, medical, and death benefits. In the Commonwealth, the employee's pre-injury average weekly wage dictates wage-loss benefits, including room and board, bonuses, incentive pay, vacation pay, and gratuities.
- The law defines covered employees.
- The fault is not a determinant of whether or not a worker receives worker's compensation benefits.
- Employees give up the right to sue your business if you provide coverage. However, they are entitled to sue a third party. Examples would include an equipment manufacturer, a negligent driver, or 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' compensation issues. That experience, coupled with their aggressive approach, has produced consistently positive outcomes for our clients.
Our workers' comp attorneys have litigated hundreds of cases successfully.
What you should know about workers' Compensation in PA as an employer
Pennsylvania requires worker's compensation insurance for business owners with employees, part-time employees, and possibly even independent contractors. Moreover, failure to do so may result in civil and criminal penalties. However, apart from the legal considerations, employers lacking workers' compensation coverage in PA may cover the entire loss, awards, or final judgment. In addition, 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 uninsured employers. Outside of Pennsylvania law, it pays for 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 may be granted protection in these instances:
- Cases with fraudulent claims
- Alcohol or drug use by an employee
- Self-inflicted personal injuries
- Cases with willful misconduct involved.
So if you feel a worker filed a claim unfairly, we'll be happy to consult with you and provide expert legal counsel from one of our workers' comp lawyers.
Talk to a workers' comp lawyer about your rights as an employee
As an employee, workers' compensation laws are in place to protect you from these concerns:
- Loss of income
- Medical payments
- Disability benefits from work-related injuries, accidents, illnesses or diseases, and even death
In Pennsylvania, you must notify your employer for worker's comp. In addition, that notice must occur within 21 days unless your employer is aware of the injury. Plus, you must notify your employer no later than 120 days after your injury for workers' compensation benefits or extinguishing the claim. The statute of limitations governs workers' compensation claims in the Commonwealth. So after notifying your employer, you must file within three years from the date of the injury. The injured worker must meet with the employer's approved panel of physicians or medical providers (i.e., doctor, chiropractor, psychologist) within the first 90 days. Enlist the support of a workers' comp lawyer to ensure you follow all the necessary procedures.
In some instances, worker's compensation settlements are possible where both stakeholders look to close a claim. But an injured employee typically gives up the right to future claims against the employer in exchange for a payment. You receive workers' comp payments in full, upfront, or through a structured deal.
Get expert legal counsel about workers' Compensation in PA.
Call our law firm if you're an employee suffering from a work-related injury or an employer who feels a claim is unjustified. We'll set up a consultation with one of our workers' comp lawyers or our work 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!!!