Workers’ compensation insurance provides crucial protection for employees injured on the job, ensuring they have access to medical care and wage replacement during recovery. However, not all companies fulfill their obligation to carry this essential coverage. When a company fails to provide workers’ compensation insurance, injured workers face a challenging situation and may be left wondering how to secure the benefits they are entitled to under the law. Understanding your rights and the legal options available is essential if you find yourself in such circumstances.
At Luxenberg Garbett Kelly & George P.C., our Western Pennsylvania workers’ compensation lawyers can assist you through the legal process and help you pursue the compensation you deserve. Whether filing a claim with the state’s Uninsured Employers Guaranty Fund or initiating legal action against a negligent employer, our experienced team can advocate for your rights at every step. Contact us today at (724) 658-8535 to discuss your case and explore your options for securing the financial support you need.
Workers’ Compensation and Employer Responsibilities in Pennsylvania
People are injured every day in Pennsylvania. Sometimes these injuries are purely the fault of the injured person, but many other times it is the fault of another individual or entity. The injured person generally will only be able to receive compensation for their injuries if it was the fault of the other person. However, there is one area of life when a person can receive compensation no matter who caused the accident. This area of life is while the person is at work.
If a person is injured at work, except in a few narrow exceptions, the worker is entitled to workers’ compensation benefits for their lost wages and medical expenses. To ensure that these benefits are paid, companies in Pennsylvania are required to have workers’ compensation insurance. The insurance company then generally pays the actual benefits to the injured worker.
Not all companies have workers’ compensation insurance. If they do not there are a number of penalties that can be imposed on them, including criminal charges. Luckily, the worker can still receive their workers’ compensation benefits through the Uninsured Employers Guaranty Fund. However, the employer will be required to reimburse the fund, including interest and penalties. In addition to this, the worker can file a lawsuit against the employer for much more than they would receive through workers’ compensation benefits.
While most employers in Pennsylvania have workers’ compensation insurance, there are some who do not have it. Luckily, injured workers still have options for receiving their compensation, but the employer can face significant penalties if they do not have it. This compensation can be very valuable for the injured worker as medical bills can add up quickly and not having income can make daily life difficult.
| Aspect | Details |
|---|---|
| Legal Obligation | Employers must carry workers’ compensation insurance under the Workers’ Compensation and Occupational Disease Acts to protect employees. |
| Employee Legal Recourse | Injured employees can file personal injury lawsuits if their employer lacks workers’ compensation insurance, seeking compensation beyond workers’ comp. |
| Penalties for Employers | Employers face fines and potential imprisonment for failing to maintain workers’ compensation coverage, ensuring compliance with workplace safety laws. |
Can You Sue an Employer Without Workers’ Compensation Insurance?
In Pennsylvania, employers are required to carry workers’ compensation insurance under the Workers’ Compensation and Occupational Disease Acts to protect employees in the event of workplace injuries. If an employer fails to meet this obligation, employees injured on the job have legal recourse outside the workers’ compensation system. This noncompliance allows employees to file personal injury lawsuits against their employer.
Through a personal injury lawsuit, employees may seek compensation for damages not typically available under workers’ compensation. These damages can include payment for pain and suffering, emotional distress, and other losses related to the injury. This legal option provides injured workers with an opportunity to recover full damages when their employer has neglected their legal duty to maintain workers’ compensation coverage.
Additionally, employers who fail to carry workers’ compensation insurance face serious legal consequences for not maintaining proper coverage, including fines and potential imprisonment. Pennsylvania law treats these violations seriously to safeguard workers and enforce workplace safety standards.
If you find yourself in this situation, consulting a Western Pennsylvania workers’ compensation lawyer can help clarify your rights and guide you through the process of pursuing a claim against your employer. Contact Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535 to schedule a consultation and secure the compensation you deserve for your injuries.
