Understanding Workers’ Compensation Law in Pennsylvania

judges wooden gavel and two books
July 15, 2020

People rarely go to work every day with the expectation that they will be involved in an accident or become ill. However, the unfortunate reality is that this can occur in any workplace, regardless of a person’s profession. In the event that it does happen, it is important to know that workers’ compensation exists to help employees during this time. Continue reading below to learn more and contact an experienced Pennsylvania workers’ compensation attorney for assistance with your case.

What is Workers’ Compensation?

In Pennsylvania, the majority of employers are required to carry workers’ compensation insurance for their employers. This is in place to assist employees when they are unable to return to work due to a work-related injury or illness. When employees cannot return to work, it can cause undue stress and worry regarding how they will pay for any expenses relating to the accident as well as provide for themselves or family. During these times, workers’ compensation provides benefits to assist them. This can include the following:

  • Payments for lost wages
  • Death benefits
  • Specific loss benefits
  • Medical care

Employees who are injured or become ill at work must report it to their employer immediately. This ensures the date and place of the injury are documented. If this is not done within 120 days of the injury, compensation may not be permitted. A claim must then be filed with the Bureau of Workers’ Compensation.

Who is Responsible?

After a workplace accident, it is possible for an employee to hold their employer responsible. However, this can make for an uncomfortable work environment, which is why many choose not to. Instead, workers’ compensation benefits can be provided. It is important to know that employees who are receiving workers’ compensation cannot hold their employer liable for injuries or illness.

What is a Third-Party Lawsuit?

While employees cannot pursue legal action against their employer while recovering workers’ compensation, they may do so against a third party. There are sometimes accidents that are caused due to the involvement of a third-party. To pursue legal action against a third party, the injured party must prove negligence through a personal injury lawsuit. This can be done with a variety of evidence that shows the third party caused the accident and their injuries. If successful, the employee may receive additional compensation. However, it is important to know that they may be required to pay back the workers’ compensation they received.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia workplace injury attorney to help you with your case and to make sure that you are not taken advantage of. Contact Spear Greenfield to get the right attorney in your corner.