When you get hurt at work in Pittsburgh, workers’ compensation may be your only option for paying for your medical care and getting wage benefits to help you make ends meet until you can go back to work. But what happens when your employer is uninsured?
While Pennsylvania law requires employers to provide workers’ compensation coverage to their workers, some fail to uphold their end of the deal. This leaves workers confused and unsure of what to do to get the benefits they need. If this happened to you, Berger and Green can help you understand your options during a free case review.
Employers Have a Responsibility to Provide Workers’ Compensation Insurance Under Pennsylvania Law
Under the Pennsylvania Workers’ Compensation Act, almost every worker in the Commonwealth should have access to workers’ compensation benefits following a work-related injury or illness. While most provide this insurance through private companies, some receive special permission to self-insure. This is not the norm, however. Those employers in industries not covered by the Workers’ Compensation Act provide coverage for their workers in accordance with other state or federal laws.
Employers have a responsibility to provide this type of coverage for their workers from the first day they work. This includes part-time workers, full-time workers, seasonal workers, and occasional workers. If you work, your employer should provide this type of coverage every time you clock in or report to your job.
When employers fail to uphold this responsibility, they are not only violating the law, but they are failing to provide their employees with the benefits they need and deserve.
Help for Injured Workers When They Work for an Uninsured Employer
In Pennsylvania, you have the option of filing a claim with the Uninsured Employers Guaranty Fund if you suffer an on-the-job injury and your employer does not have workers’ compensation insurance. This process is somewhat complex and requires you to meet several strict deadlines. If you call Berger and Green as soon as you learn your employer does not have insurance, we can help.
It is imperative that you contact us immediately when you find out your employer does not have any form of workers’ compensation insurance and had not been approved to self-insure. As a part of getting benefits from the Uninsured Employers Guaranty Fund, we must:
- File Form LIBC-551 (Notice of Claim Against Uninsured Employer) in the first 45 days after you learn there is a problem
- File Form LIBC-550 (Claim Petition for Benefits from the Uninsured Employer and Uninsured Employers Guaranty Fund) more than 20 days following your Notice of Claim.
In most cases, as long as you suffered a workplace injury and your employer had no workers’ compensation insurance, you will get approved to draw benefits from the Uninsured Employers Guaranty Fund. If they deny your claim, we can appeal just like you could if your employer had insurance. We can request an appeal hearing and pursue benefits for you through this process.
Pursuing Compensation Through Other Options
Pennsylvania law prohibits you from filing a lawsuit and holding your employer responsible for your injuries and the related costs. You can, however, file a personal injury lawsuit if there is another party who caused your accident and injuries. Berger and Green will review your case and help you understand if you have the option to take legal action against a liable third party.
If you suffered serious injuries and cannot work for a year or more because of the impairments you now have, we may be able to help you pursue benefits from Social Security Disability. We will evaluate your qualifications and can walk you through the claims process.
Talk to a Pittsburgh Workers’ Compensation Lawyer About Your Case Today
The attorneys from Berger and Green can help you understand your legal options for making ends meet and recovering the compensation you need and deserve after workplace injury accident or job-related illness. We can help you appeal a workers’ compensation denial, pursue a claim with the Uninsured Employers Guaranty Fund, or take other steps to seek the benefits and payout you need and deserve.
At Berger and Green, we will review your case at no cost to you, and you never owe us any attorney’s fees unless we recover compensation for you. Call us at (412) 661-1400 today to get started with a complimentary consultation and evaluation.