When people go to work every day, they expect that their day will go as planned. They do not usually consider the possibility of being involved in a workplace accident. However, it is possible for an accident to happen at work regardless of a person’s profession. When this happens, it is important to know what workers’ compensation exists to assist employees during this difficult time.
The majority of Pennsylvania employers are required to have workers’ compensation insurance for employees that become injured on the job. When an employee is unable to return to work, it can be a stressful time in their life. They may wonder how they will be able to provide for themselves or their family in addition to paying for expenses related to the accident. With workers’ compensation law, employees cannot lose their job if they are not able to come back to work because of their injury. With this compensation comes certain benefits to help employees while they recover. This can include the following:
- Payments for lost wages
- Death benefits
- Specific loss benefits
- Medical care
It is crucial for employees who are injured at work to report it to their employer immediately. In doing so, it 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 allowed. The injured employee must then file a claim with the Bureau of Workers’ Compensation.
Who is Responsible?
An employee can hold their employer responsible for a work-related injury. However, it can make for an uncomfortable situation. It is because of this that workers’ compensation benefits exist. When accepted, the employee is no longer able to hold the employer liable for their injuries. This transaction protects both parties involved.
It is important to know that these circumstances can change if there was a third party involved in the accident. Even though an employee cannot take legal action against their employer, they may do so against a third party. This can be done even while collecting workers’ compensation. To do this, the injured party must prove negligence through a personal injury lawsuit in which they must gather evidence that shows the party’s liability. If successful, the employee may receive additional compensation from the third party. In the event of this, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you suspect that you or someone you love was injured because of negligent driving and wishes to speak with an experienced attorney, contact the Law Office of Rand Spear at 215-985-2424 for help with your case.