You’re working on the job, you’ve taken the proper safety precautions, and everything seems fine. Then all of a sudden, a line breaks, someone’s footing slips, the railing isn’t as sturdy as it should be, or someone calls your backup away. Suddenly, you may find yourself on the ground, unable to get up, bleeding, or even waking up in the hospital with a workplace injury. This is a common example of just how quickly workplace injuries can occur, leaving workers to suffer.
What you know is that you did everything right, because you prepared for everything you could, but still got hurt. Your work contract promises that you will be taken care of should any workplace injuries occur, but that support isn’t there. If you’ve found yourself in this kind of situation, you may have a case against your employer. Not only for possibly endangering you, but failing to support you.
The Scranton personal injury attorneys at Mazzoni Valvano Szewczyk & Karam are here to fight for your rights and offer the support you’re owed as an injured worker in Northeast Pennsylvania.
Pennsylvania’s Workers’ Compensation Act (WCA) covers the majority of employees in the Keystone State. When businesses have more than two employees, the state requires them to have workers’ compensation insurance. This grants benefits to workers who are bodily injured or diseased while on the job. Mandatory workers’ compensation should cover any previous injury or disease a new workplace injury aggravates as well.
This compensation system for workers has existed in Pennsylvania since 1915. It charges the Department of Labor and Industry alongside the Bureau of Workers’ Compensation to make sure employers follow the law. Even with these legal protections, companies will still do everything they can to avoid having to compensate you with their insurance.
They want to avoid compensating you because:
Pennsylvania’s workers’ compensation system is considered a no-fault system. This means that whether the accident was your fault, management, or another co-worker’s, insurance can accept your claim. It cannot be made invalid based on who caused the accident. This protects you and co-workers if you make an error, but it also dissuades management from trying to cover up a mistake. They’ll have to pay it even if they can prove it was the fault of you or another employee.
The downside is that you cannot sue an employer for the injury itself because it’s no fault. This does not stop you from contacting a personal injury lawyer over an unfairly invalidated or ignored claim. You can still sue on the grounds that your employer did not give you due compensation, but the law does support you if you try to sue for more than fair compensation.
There are specific workers who fall under PA’s Workers’ Compensation Law. While most do, there are some exceptions, listed here:
There are several typical types of workplace injuries that we have experience in proving. Employers will have a harder time trying to prove these are invalid due to how common they are.
If you are a victim of any of these workplace injuries, please bring that information to any prospective lawyer.
When does insurance not compensate for workplace injuries?
If your employer tries to deny you workers’ compensation based on any of these reasons when they are not true, our experienced personal injury lawyers are ready to take your case.
There are limitations to what workers’ compensation covers. They are extensive but have limits across five categories. Your company’s package decides how long workers’ comp covers you. This information is usually private between you, your employer, and the insurance company.
Experience counts for a lot, especially when you’re going up against companies with more resources than you. If you have suffered an injury on the job, and your employer is trying to deny you owed workers’ compensation, you need an experienced law firm on your side.
Contact us for a free case evaluation, so we can learn how we can help you. You can call (570) 348-0776 to schedule an appointment at our law firm, conveniently located in downtown Scranton. We can also meet with you in your home or hospital room, whichever is convenient for you.
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