Under Pennsylvania law, your employer is required to provide you with workers’ compensation in most cases. The company may opt to self-insure, which means they do not use a worker’s compensation insurance company and pay benefits on their own or they may purchase the coverage from a licensed insurance company. Any employer with one or more employees in the state is required to provide coverage. You may wonder what your employer’s responsibility is under the law.
After an injury, one of your employer’s responsibilities is to allow you to file a claim with an insurance company or with the business itself if it is self-insured. The coverage should pay any lost wages and medical bills you incur as a result of your workplace injury. There are some types of industries that are exempt from providing the coverage, but in most cases, your employer must provide you benefits under a state-approved formula.
If you learn that your employer does not have workers’ compensation, they could face penalties and criminal prosecution. The compensation is designed to be the exclusive remedy for a workplace injury and the law does not allow you to file a lawsuit against your employer if you are injured on the job. For this reason, if your employer does not provide the coverage, they may face fines, prosecution, personal liability due to your injury and you may be able to file a lawsuit against them rather than a claim against the insurance company.
Your employer’s responsibility also include other requirements designed to keep employees safe. There must be a notice posted conspicuously at all job sites and they must provide immediate emergency medical treatment when you are injured on the job. Your employer must complete an injury report and submit it to the local workers’ compensation office and a copy should also be mailed to your insurance company. If the employer refuses to file a report, they can be charged with a misdemeanor and punished with a fine. A written report must be kept on file that causes an employee to lose time from work or that requires medical attention beyond simple first aid. If the worker’s compensation board asks for information, your employer is required to provide the information. Your employer also may not fire you for filing a claim.
If you or a loved one have been injured on the job, contact Lundy Law to learn what your employer’s responsibilities are. You can arrange for an initial consultation by calling 1-800-Lundy Law or complete the simple form on our website.