Injuries at Work - No Lawsuit But Workers' payment Benefits

Injuries at Work - No Lawsuit But Workers' payment Benefits

Accident Attorney Colorado - Injuries at Work - No Lawsuit But Workers' payment Benefits

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One of the most common questions I hear in my Personal Injury custom is "I know person who got hurt at work, can they sue their employer?" Bad news, good news: No, you usually cannot sue your employer, but the Pennsylvania Workers' compensation Act provides cost of healing bills, lost wages and other compensation in the event that a laborer is injured, maimed or killed at work. As an added bonus, Workers' compensation benefits must be paid regardless of either the employer caused the injury or it happened because of the employee's own carelessness.

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Accident Attorney Colorado

Purpose of the Workers' compensation Act
Under the Pennsylvania common law, a person's right to receive compensation for injuries depends on proving that person else caused the injury through their negligence or intentional wrongdoing. Obviously, proving negligence or intentional wrongdoing is often difficult and it can take years for disputed cases to get litigated.

The Pennsylvania Legislature recognized that the customary court theory and negligence law did not control well for workers injured on the job, so in 1916 it passed the Workers' compensation Act. The Act replaces customary negligence law and makes claims under it the exclusive means of compensation for injured workers. Naturally put, a worker's capability to file a lawsuit against his or her employer was eliminated in favor of quicker and more definite compensation under the Act.

The Benefits available Under the Workers' compensation Act
If an laborer is injured, maimed or killed at work or during the procedure of employment, the Act serves as a car for that laborer to receive compensation. It does not matter whose fault the emergency was; if it happened during work, the Act applies.

For a work injury case, the Act provides that the employee's healing bills must be paid by the employer. Often, employees will be required to treat with company-approved healing providers for a duration of time, but the employer must pay all of the bills with no deductibles or co-pays. In addition to having healing bills paid, if the laborer is disabled from work, the Act requires the employer to pay lost wage benefits, which are calculated in relation to the employee's average wage prior to the accident. Unlike the customary Negligence law, the Act provides no compensation for non-economic damages, like pain and suffering, emotional distress, loss of life's pleasures, etc.

The Act provides an additional method of compensation for accidents which involve the permanent loss of or loss of the use of parts of the body, such as arms, legs, fingers, toes, vision, hearing, etc. The Act also provides specific compensation for permanent and serious disfigurement of the head, neck or face. The Act provides a program of compensation for such losses, which multiplies a measure of the person's wages by a set amount of weeks for each loss. The following are a few examples:

Loss of a hand -- two thirds of wages for 335 weeks
Loss of an arm or leg -- two thirds of wages for 410 weeks
Loss of a foot -- two thirds of wages for 250 weeks
Loss of an eye -- two thirds of wages for 275 weeks

Although the figures seem arbitrary and somewhat barbaric, the purpose of this "specific loss" compensation is to pay for the pain, annoyance, inconvenience and embarrassment relating to work accidents which cause serious and permanent injuries.

Finally, the Act has provisions requiring the employer to pay death benefits and burial expenses in the event that an laborer is killed while working. The death advantage is calculated based upon the employee's wages and the Act provides for payments to specific beneficiaries, which are usually the widow or widower and children under 18, unless there are none of these. In the case of no spouse or children, death benefits can be paid to parents, brothers or sisters under extra circumstances. The death advantage continues to be paid by the employer's insurance company for the distance of time designated by the Act. Burial expenses of not more than ,000 must also be paid by the employer.

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