Workers’ Compensation Law

Workers' Compensation Laws

Worker’s Compensation laws 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:

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.

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.

Hundreds of workers’ compensation cases successfully litigated

What you should know as an employer about worker’s compensation insurance

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.

Tom Panzer has provided excellent representation on my behalf. I would not hesitate to recommend the legal services of High Swartz!!!

Craig L.

Workers’ compensation 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 from our workers’ compensation attorneys

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.

Workers’ Compensation Attorneys

Linay L. Haubert

An associate with High Swartz, Linay joined the firm in 2016 as a result of a merger with McNamara, Bolla & Panzer, a firm she joined in 2007. Linay focuses her practice in the areas of workers’ compensation and Social Security Disability.

Thomas E. Panzer

Mr. Panzer’s practice areas focus on administrative litigation, including zoning and workers’ compensation. Mr. Panzer has represented multiple zoning hearing boards over the past 20 years.

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