Brilliant & Neiman, LLC
Workers’ Compensation Attorneys

Pennsylvania enacted the Workers' Compensation Act in 1915, which defines the rules an employer must follow when an employee is hurt on the job. The Act has been amended numerous times, most recently in 1993, 1995, 1996 and 2006, and the rights and liabilities of the injured worker and the employer have changed each time.

In general, employees injured in Pennsylvania are covered by the Act, but some categories of workers such as federal employees, military personnel, casual employees, domestic service workers, real estate brokers and salespeople, and insurance agents may not be.  However, while you may not seek workers’ compensation benefits, you may be able to seek separate damages from your employer for actions or conduct that may have led to your injury.

In regard to benefits, the Act provides two: wage loss and medical treatment.  It generally pays two-thirds of your pre-injury wages and for “reasonable and necessary” medical treatment related to your job injury, but does not provide for pain and suffering.  The Act also requires that you receive treatment from a properly posted Panel List of Health Care Providers for the first 90 days after your injury.  After that period you are free to choose your medical provider.

The Act contains many provisions and exceptions that can affect your choices and claims under it.  As lawyers who specialize in workers’ compensation we believe you always should consult with a qualified lawyer before deciding on the best course of action for you and your family.  If you have experienced a job injury in the greater Philadelphia area, schedule a free initial consultation with Brilliant & Neiman, LLC for further information on your rights under the Act.  Contact numbers are given below.

Workers’ Compensation Attorneys Working Throughout
 Eastern and Central Pennsylvania, in Philadelphia, Bucks, Lehigh, Northampton, Delaware, Lancaster, Berks and surrounding counties.

**"The information below is a general overview and not necessarily applicable in Pennsylvania"**

Workers' compensation has become part of the fabric of the American workplace. Benefits are routinely paid for work-related injury, disease and death. This brings stability to the individual employee and his or her family even in the face of severe workplace injury or debilitating industrial disease. An experienced and skillful workers' compensation lawyer can answer your workers' compensation questions and assist you with your claim.

History and Origins

The need for and idea of workers' compensation has origins in Germany in the early 1800s. The industrial revolution brought dangerous new workplaces into existence such as railroads, factories and mines with accompanying increases in injuries, deaths and new work-related diseases. Social and political sympathy for the common worker grew and led to the enactment of early workers' compensation legislation.

The concept soon spread to other European nations, ultimately resulting in an 1897 British law that was the impetus for the first US workers' compensation laws. Almost all US states had some type of workers' compensation system by about 1920. The federal government followed suit for most federal employees and for certain industries.

Prior to the establishment of workers' compensation, English and American laws were inadequate to protect workers harmed in increasingly hazardous industrial jobs. Ordinary employees rarely had the means to bring negligence lawsuits against their employers; when they did, employers had a "trinity" of defenses, sometimes called the unholy trinity, to defeat the claims. An employer usually defended such a suit by asserting that a co-employee was instead responsible, that the injured worker had contributed negligently to the accident or that the worker had assumed the risk of injury by accepting the job.

Theory and Policy

Workers' compensation provides an exclusive remedy to the worker for work-related injury and sickness without regard to fault, when the harm arose out of and in the course of employment. The worker gives up the right to sue his or her employer for the harm in return for certain monetary recovery, usually for lost wages and medical expenses, but sometimes including other benefits like vocational rehabilitation or retraining. The employer no longer has to worry about defending lawsuits or about disproportionate awards.

States require that employers carry workers' compensation insurance, set aside sufficient resources to cover claims (self-insure) or contribute to state-run workers' compensation award funds. The allowable methods for employer payment vary by state.

The social and economic policy is that these employer "costs" are ultimately paid by society as a whole in the form of higher prices for goods and services. Some theorize that the cost of the program is actually paid for by lowering wages, but that the tradeoff to workers is well worth it. Workers' compensation is also seen as an incentive to employers to develop safer workplaces.

Exceptions

Most states have developed exceptions to the exclusiveness of the workers' compensation remedy in extreme situations. When employers act in bad faith or intentionally or criminally harm employees, many states allow workers to bring lawsuits outside the workers' compensation system. A lawsuit against a third party may also be possible, such as against a manufacturer of faulty or dangerous equipment that caused the injury. In such circumstances, the employer may be able to get reimbursement for workers' compensation benefits already paid.

Conclusion

If you have questions about a workers' compensation claim, a workers' compensation attorney can answer them and advise you of your legal rights.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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According to the U.S. Census Bureau, the average worker who files for workers' compensation benefits receives $5,848. To find out more about your potential benefits, contact a qualified attorney now.

Workers' Compensation: Frequently Asked Questions

Q: What is workers' compensation?

A: Workers' compensation laws allow workers who are injured, sickened or killed in the courses of their employment to receive compensation without filing traditional lawsuits. An injured worker need not prove that his or her employer was negligent or at fault, only that the injury happened in the course of the worker's employment. Unless someone other than the employer (or a coworker, in most cases) was responsible for the worker's injuries, workers' compensation is usually the sole, exclusive remedy for the injuries.

Q: What kinds of work-related injuries are covered?

A: Back injuries and repetitive stress injuries are very commonly compensated, but almost any kind of physical injury or disease is covered by workers' compensation, as long as it is work related. In some states, mental, emotional or psychological harm is also covered in certain situations. An injury or medical condition you already had will not qualify unless it was exacerbated or hastened on the job.