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Pennsylvania Workers' Compensation In Pennsylvania, an employee cannot file a civil law suit against his employer for a work related injury in most instances. Rather, in most cases, the worker must proceed exclusively through the workers' compensation system, which means giving up certain rights in exchange for a more speedy recovery to meet one's daily expenses. A surprising number of cases each year fall in the category of "workers' comp" given the fact that most working people spend the majority of their day in the scope of employment. Our Pennsylvania Lawyers The workers' compensation system was originally designed to avoid the need for an attorney. However, over time, the rules have become increasinly more technical and complicated. For example, in many cases the worker must present expert medical evidence to prove his disability, which entails the practice of law and legal expertise far beyond the ability of the average worker. Workers' Compensation Pitfalls If you plan on filing a workers' compensation claim, you should know what you are getting into. First of all, there are strict deadlines for giving notice to your employer for your injuries. In Pennsylvania, you should give notice of the injury to your employer within thirty days of the injury. No case will be permitted to go forward where notice occurs later than 120 days from the date of the injury. Also, there is a three years statute of limitation period for filing your Claim Petition. Overall, in theory, the workers' compensation system is designed to be simple and merely "administrative" unlike a the more formal court where jury trial are heard. In practice, the workers' compensation system if frought with pitfalls for th unweary litigant. You would be well advised to seek advice when going forward with your workers' compensation case. FREE CONSULTATION CALL TODAY! |
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Other Kinds of Suits: If you were hurt in the scope of your employment, you rights to sue your employer may be limited by the Workers' Compensation Act. However, your right to sue third parties (negligent drivers, manufactures of defective products or others) is not necessarily limited by the Act, and you may be able to proceed against such persons outside the Workers' Compensation tribunials. |
412.780.0008 |