In most PA workers comp cases, there are two parties involved: the worker and the employer. However, there are sometimes cases in which third parties enter the picture. This usually happens when a worker is injured through the fault of someone who is not a representative of their employer (for example, a customer shopping in a store).
We’ve discussed fault in a few of our most recent blog posts. We cannot stress enough that, when somebody has been injured on the job, fault is not an important factor. Regardless of who is at fault for the injury, you are entitled to Pennsylvania workers’ compensation benefits.
However, when a work-place injury takes place as the result of a third-party, many employers will tell the injured employee that they should not file a Pennsylvania workers’ compensation claim, because the injury was the fault of somebody not affiliated with the company. This is an unacceptable tactic employers will often use to bully their workers into not filing a workers’ comp claim.
But, despite what Pennsylvania law entitles injured workers to, many do still feel guilty making their employer cover their medical bills. Luckily, there are laws in place that allow your employer to seek retribution from the third party to cover your workers’ compensation benefits.
This is called subrogation, and will play no role in whether or not you receive your benefits. Although you will most likely be called into court to tell your story, the outcome of your employer’s subrogation trial will not play a role in whether or not you receive your Pennsylvania workers’ compensation benefits. It only determines who is going to cover the cost.
The Workers’ Compensation Act was put in place to help honest, injured workers’ pay their medical bills and put food on the table while they are unable to work. Regardless of who is at fault, you should never feel guilty about seeking compensation for your injuries. And never take “no” for an answer without consulting with a competent Pennsylvania workers’ compensation attorney.
If you have been injured on the job, live in the Harrisburg, Allentown, or Bethlehem areas, and have any questions, contact PaWorkersCompHelpNow at (717) 234-2402 for a FREE consultation. DO NOT miss out on the benefits YOU are entitled to!