If you have been hurt in a workplace accident in Harrisburg, you likely have experience with the Pennsylvania workers’ compensation system. Workers’ compensation has been around in Pennsylvania for more than 100 years, and it has gone through a few changes along the way.
Dive into all the details below to learn the history of workers’ compensation in Pennsylvania as well as key facts that you need to know about the system today.
Pennsylvania Workers’ Compensation Background and History
Workers’ compensation got its start in Pennsylvania in 1915 when the state legislature passed the Pennsylvania Workmen’s Compensation Act. Under this act, employees were able to get compensation for job-related injuries regardless of who was at fault. Prior to the passage of this act, employees had to prove that their employer was at fault.
Generally, this involved proving negligence, and the employer was directly responsible for the employee’s injuries. Now, most employers in Pennsylvania are required to carry workers’ compensation insurance. The workers’ compensation laws protect both employees and employers.
Employees can receive compensation for medical expenses and lost wages, and employers are protected from liability through this insurance program.
Changes to the System
The workers’ compensation program in Pennsylvania has gone through a few amendments since its inception. Workers’ compensation insurance actually did not become mandatory for most employers until the 1970s. Additionally, the system has changed to allow for the coverage of workplace illnesses as well as injuries.
Finally, several administrative changes have been made, such as allowing employers to self-insure and adding more methods for dispute resolution.
What Does Workers’ Compensation in Pennsylvania Cover?
If an employee suffers an on-the-job injury, they are generally entitled to medical expenses and benefits for lost wages. Medical benefits may include:
- Doctor visits
- Emergency treatment
- Surgery
- Rehabilitation
- Physical therapy
- Medical supplies
- Prescription medication
Additionally, if you are unable to work for some period of time because of your injury, you are entitled to lost wage benefits. During the time in which you are unable to work, you may be able to receive benefit payments of two-thirds of your average wages.
Finally, if a worker suffers a fatal injury, their family is entitled to death benefits.
Can I Recover Compensation for Pain and Suffering From Workers’ Compensation?
Workers’ compensation does not cover pain and suffering or other non-economic damages. However, you may still have options if a third party — someone other than your employer or a co-worker — contributed to your injury.
In that case, you could pursue a separate personal injury claim against the at-fault party while still receiving workers’ compensation benefits.
Third Parties Who Could Be Liable for Your Injuries
If a third party is liable for your injuries, you can bring a third-party personal injury claim. Some common third parties who may have liability for your injury are:
- Equipment manufacturers
- Service or maintenance providers
- Third-party drivers
- Contractors
- Subcontractors
An experienced Harrisburg personal injury lawyer can help investigate your claim to identify any potential third-party claims.
Non-Economic Damages Available in a Personal Injury Claim
When a third-party claim is present, this will open the door to non-economic damages. These damages compensate victims for their physical and emotional pain following an accident. Some common examples include:
- Pain and suffering
- Mental distress
- PTSD
- Depression
- Anxiety
- Loss of quality of life
- Loss of consortium
Third-party claims can greatly increase the value of your injury claim. Your lawyer can help you explore all potential sources of compensation to maximize your recovery.
Penalties for Failure To Carry Workers’ Compensation Insurance
Failing to maintain workers’ compensation insurance is a serious violation that can result in substantial financial and legal consequences. Potential penalties include:
- Repayment to the state: The state may recover any benefits paid to the injured employee from the workers’ compensation fund, plus penalties and interest.
- Employee lawsuits: The injured worker may be allowed to sue the employer directly for damages, including both economic and non-economic losses.
- Criminal charges: Employers can face charges for each day they lacked coverage, with penalties ranging from $2,500 to $15,000 in fines and up to seven years in prison.
The consequences for not carrying workers’ compensation insurance can be severe, putting an employer’s finances and freedom at risk. Maintaining proper coverage is essential to protecting both the business and its employees.
How Long Do I Have To File a Workers’ Compensation Claim?
The workers’ compensation laws in Pennsylvania have some important deadlines you should be aware of. Your injury must be reported to your employer within 120 days of the injury. If you report the injury within 21 days, you can receive benefits back to the day of the injury. Otherwise, your benefits will not be retroactive.
Additionally, you have three years from the date of your injury to file a Claim Petition. This may be necessary in cases where your benefits have been denied. Failure to file your petition before the deadline may bar you from filing a claim and recovering any benefits for your injuries.
Hire a Harrisburg Workers’ Compensation Lawyer
If you’ve been hurt in a workplace accident in Pennsylvania, an experienced workers’ compensation lawyer can investigate your case to identify all potential defendants and sources of compensation. The right legal guidance can help you navigate the process and pursue the maximum benefits available for your injuries.
Call Marzzacco Niven & Associates now to schedule a free consultation with a Harrisburg workers’ compensation lawyer.