One thing employees should be able to count on is the fact that their employer will take care of them if they get hurt. This is especially true if you work a dangerous job. Not only should your employer want to provide the necessary insurance to cover your medical bills, but they’re required to carry insurance by law.
If you find out that your employer doesn’t have insurance, we recommend that you call our office right away. You can sit down with a seasoned Philadelphia work injury lawyer right away. They can answer any questions you may have and explain how the legal process works.
All Employers in Pennsylvania Must Carry Workers’ Compensation Insurance
According to Pennsylvania law, any business with one or more employees is required to carry workers compensation insurance. Not only is it required by law, but it’s something any business owner should want to have. It is a lot cheaper to pay a modest monthly premium than it is to be sued for hundreds of thousands of dollars by an injured employee.
If you get hurt on the job and find out your employer doesn’t have workers compensation insurance, you need to let your workers comp attorney in Philadelphia know. They will not only file legal action on your behalf. They will also report your employer to the Pennsylvania Department of Labor.
The Pennsylvania Workers Compensation Act dictates that any business that fails to carry the required insurance can be fined $2,500 per day. They will also face up to one year in jail. Every day they go without the insurance, these penalties will be imposed.
There Are Very Few Exceptions to This Rule
Despite what many business owners would claim, there are very few exceptions to the rule about insurance coverage. The only time a company can get away without carrying workers compensation insurance is if they have no employees. If they are a sole proprietor, they aren’t required to carry insurance.
The same is true if the only people on the company’s payroll are executives, partners, or partial owners. When your Philadelphia work injury lawyer learns that your employer doesn’t have insurance, they will report them immediately. This way, other employees won’t have to go through what you went through.
Your Philadelphia Work Injury Lawyer Will Sue Your Employer Directly
If your employer doesn’t have workers compensation insurance, your Philadelphia work injury lawyer can file a lawsuit against the company. You can also name the owner of the company in your lawsuit.
The major difference between suing someone and filing a workers compensation claim is that, with workers comp, you’re limited to workers compensation benefits. On the other hand, when you sue someone personally, your Philadelphia work injury lawyer will be able to demand a host of damages.
However, it’s important that you know that your lawyer will have to prove fault to win a personal injury lawsuit. With workers’ compensation, you don’t really have to do this. As long as your accident took place while you were on the job, your claim should be approved.
Your Philadelphia Work Injury Lawyer Will Also Demand Full Damages
As briefly mentioned above, if you decide to file suit against your employer, your Philadelphia work injury lawyer will help you get damages for your injuries. Some of the damages your attorney will demand include the following.
Medical Bills and Future Medical Care
While you can demand these damages as part of your lawsuit, you have also received this coverage under the workers’ compensation. Your workers comp attorney in Philadelphia will need to prove how much out-of-pocket money you spent to treat your workplace injuries.
Lost Wages and Lost Future Income
You will be entitled to compensation for lost wages. Your Philadelphia work injury lawyer can demand damages for lost future income if you are completely disabled or if you earn less income due to a partial disability.
Pain and Suffering
Workers’ compensation does not pay anything for pain and suffering. If you get hurt on the job, the only benefits you’ll receive are medical coverage and weekly replacement wages. In a personal injury lawsuit, you can demand damages for the mental and physical anguish of being involved in a terrible accident.
You’re Still Better Off if Your Employer Has the Insurance to Pay Your Claim
When our workers comp attorneys in Philadelphia tell our clients that they may be able to sue their employer for damages, they often get excited. One of the most frustrating things about workers compensation is that you’re limited to the benefits offered under the program. This means that your medical care will be covered, and you’ll receive weekly benefits.
If you sue your employer instead, your Philadelphia personal injury attorney will demand other damages that are available in a personal injury lawsuit. However, it is usually better to be covered under workers compensation. Even if you sue and get a judgment against your employer, you may never see a dime of your money.
If your company can’t afford to pay for insurance, odds are, they won’t be able to pay your judgment either. What your Philadelphia work injury lawyer will do is try to negotiate a settlement with your employer. If they can manage to get you a lump sum settlement, you won’t have to walk away empty-handed.
We suggest that you call our office and speak with one of our workers comp attorneys in Philadelphia right away. If your employer doesn’t have the requisite insurance, you want to take action right away.
For all you know, if you wait too long, the company may close its doors or file for bankruptcy. If that happens, you will walk away with nothing. We offer all new clients a free, initial consultation so you can get the process started free of charge.