If you are injured while performing your work duties, be it typing or installing a roof, your medical treatment and wage loss should be covered by workers’ compensation. But does your employer have this insurance coverage?
Here is what to know:
1 or more employees
If an employer has one or more workers in Pennsylvania, whether part-time or full-time, including family members, they must have workers’ compensation insurance. Thus, it’s highly unlikely that your employer lacks workers’ compensation insurance coverage. It is a criminal misdemeanor to fail to have workers’ comp insurance, and a felony if you are found to fail to have insurance coverage willfully.
Employers can obtain this insurance by purchasing a policy through an insurance agent or directly from a private sector insurance carrier who writes workers’ compensation policies. They can also apply for self-insurance status or obtain insurance from the State Workers’ Insurance Fund (SWIF).
What if they don’t?
If you discover that your employer does not have any form of workers’ compensation insurance, you can still file a claim against them when you sustain a work injury. You may be able to bring a civil lawsuit against the employer, and you may also be eligible for benefits from the Uninsured Employer Guaranty Fund.
This is not a place to play around – you would be wise to obtain the services of a certified specialist workers’ compensation lawyer in this situation. You must notify the Fund within 45 days after learning that your employer is uninsured. Ensure you fill out your notice with the correct information to avoid losing the potential to collect from the Fund altogether. You will include your information, your employer’s details and information about your injury (where it happened, time of injury, its description/body parts injured and if you reported it to your employer). You will also provide disability and medical details.
Once you have filed the notice, the Fund will assess it to determine if they should compensate you. The Fund has 21 days to do this. After that, you can file a claim petition against the Fund, where it will likely be litigated, and you will want to have an experienced attorney on your side.
If you are injured at work, contact one of our attorneys today to take calculated steps whether your employer is insured or uninsured.