compensation insurance for any employer who employs at least one employee
who: could be injured in Pennsylvania; could be injured outside of Pennsylvania
if the employment is principally localized in Pennsylvania; or, could be injured
outside of Pennsylvania, while under a contract of hire in Pennsylvania, if the
employment is not principally localized in any state, if the employment is
principally localized in a state whose workers compensation laws do not apply,
or the employment is outside the United States and Canada. There are some
exceptions, including federal workers, longshoremen, railroad workers, casual
workers (casual employment and not in the regular course of the business of the
employer), domestic workers and agricultural workers (who earn less than $1,200
per year while working less than 30 hrs per year). Otherwise, your employer
must maintain workers? compensation insurance!
What if my employer did not have workers compensation when I was
injured?
In 2006, the Pennsylvania legislature adopted Act
147, which created the Uninsure d
Employers Guaranty Fund, for the exclusive purpose of paying to any injured
worker workers? compensation benefits due and payable under the Wor kers?
Compensation Act where the employer liable for payments fails to maintain
insurance. Prior thereto, if an employer did not maintain workers? compensation
insurance, the remedy for the injured worker was to proceed directly against
the employer in a civil action (most likely negligence), which was often
difficult due to the different burden of proof associated with a civil claim, or
seek workers? compensation benefits directly from the employer. In either
scenario, the likelihood of a recovery was small, as the assets of the uninsured
employer would need to be substantial to satisfy the claim of the injured
worker, which often was not the case.
What benefits am I entitled to if I pursue a claim against the
Uninsured Employers Guaranty Fund?
An employee who files a claim
for workers? compensation benefits against
the Uninsured Employers Guaranty Fund seeks the same benefits (wage loss and
payment of medical expenses) as if there was an insurance company involved in
the case. In other words, there is no difference in what the injured worker can
potentially receive from the Uninsured Employers Guaranty Fund as opposed to a
private insurance company or an employer who is self insured. There are some
differences in the enforcement of a claim against the Uninsured Employers
Guaranty Fund, such as the inability to request penalties or seek unreasonable
contest.
What should I do if my employer did not have workers compensation
insurance and I was injured at work?
Don?t delay! There are strict
notice requirements that must be followed. The Uninsured Employers Guaranty
Fund must be made aware that a claim is potentially being filed within 45 days
when the injured
worker became aware that the employer did not maintain workers compensation
insurance. Placing the Uninsured Employers Guaranty Fund on notice of the claim
is a prerequisite to filing a claim for benefits. A separate and specific Claim
Petition for benefits against the Uninsured Employers Guaranty Fund cannot be
filed unless the injured worker first provides timely notice.
The Philadelphia workers? compensation law firm Pearson
Koutcher, LLP has substantial experience handling claims against the
Uninsured Employers Guaranty Fund. Since the inception of Act 147 and the
creation of the Uninsured Employer Guaranty Fund, attorneys at P earson
Koutcher, LLP have enjoyed success pursuing benefits and litigating claims
on behalf of clients with work injuries where the employer did not maintain
workers compensation insurance. Our attorneys can guide you through the process
of filing a claim, inform you about the benefits that are available and protect
your interests fully and without delay.
Jonathan
B. Koutcher, Esquire
PearsonKoutche r,
LLP
Email Jon: Jon@pearsonkoutcherlaw.com
The Philadelphia
Workers Compensation attorneys at Pearson Koutcher, LLP, are
dedicated to the singular goal of securing maximum compensation and full
benefits entitled to injured employees under the laws of Pennsylvania. Their
years of experience as seasoned, skillful trial lawyers and negotiators, along
with their compassion and diligent understanding of the significant impact a
workplace accident can have on an injured worker?s life, motivate the attorneys
of Pearson Koutcher,
LLP, to approach each new client individually, with meticulous
consideration to their specific individual considerations and circumstances.
Call our office today at 215-627-0700 or
email
us to discuss the particular facts of your Pennsylvania Workers?
Compensation matter.
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