People go to their place of work every day with the expectation that the day will go as usual. They usually do not consider what would happen if they were involved in a workplace accident. Accidents can occur at any job, regardless of an individual’s profession. When this happens, it is important for employees to know that workers’ compensation exists to help them during this time.
In the state of Pennsylvania, the majority of employers are required to carry workers’ compensation insurance. This exists as coverage for employees that become injured or ill while at work and are unable to return for a period of time or even indefinitely. These situations can be a very stressful time in an individual’s life. They often wonder how they will make ends meet on top of affording for the damages due to the accident. This is done with the assistance of workers’ compensation. This ensures the employee does not lose their job and receives benefits that cover any damages. This can include the following:
- Payments for lost wages
- Death benefits
- Specific loss benefits
- Medical care
When an employee is injured or becomes ill at work, it is important that they report the incident to their employer or supervisor immediately. This ensures that the information surrounding it is documented for a future claim to receive workers’ compensation. This must be done within 120 days of the date of the injury, otherwise, the compensation may not be awarded. The injured employee can then file a claim with the Bureau of Workers’ Compensation.
Who is Responsible?
It is possible for an employee to hold their employer liable for a work-related injury or illness. However, this can create an uncomfortable work environment in the future. It is because of this that workers’ compensation is offered instead. Once this is accepted, the employee can no longer hold their employer responsible for their injury or illness. This transaction is in place to protect both parties.
It is important to know that circumstances surrounding workers’ compensation can vary depending on the situation. While an employee is unable to hold their employer liable while receiving workers’ compensation, it is possible to hold a third party liable. Sometimes, a third party can be involved in causing an accident at a place of employment. When this happens, the injured party can hold them responsible while still collecting workers’ compensation. This is done through a personal injury lawsuit in which the injured must prove the third party’s negligence caused their injuries. If they are successful in doing so, they may be able to receive additional compensation. However, they may be required to pay back the workers’ compensation they received.
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Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.