05.15.2020

Workers Comp Is No-Fault Insurance

Powell Law has represented injured workers for 115 years and has a distinguished reputation throughout northeastern Pennsylvania for adhering to the highest standards in serving those injured on the job. In 1915, the Pennsylvania Legislature enacted the Pennsylvania Workmen’s (Workers’) Compensation Act (the “Act”) specifying compensation for employees who are injured as a result of employment without regard to fault. Thus, Pennsylvania’s no-fault workers’ compensation insurance system operates by paying benefits for claims without any regard of fault provided that the injury was caused through the “course and scope of employment.”

To be a compensable injury in Pennsylvania under the Act, a claimant must have sustained the injury while engaged in the furtherance of the employer’s business, regardless of whether the injury takes place on the employer’s premises. Pennsylvania law requires mandatory workers’ compensation coverage for most employers. Employers who fail to obtain workers’ compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the Commonwealth of Pennsylvania.

Insurers may process claims much more expediently since there is no burden of proof or extended dispute over which party is to blame for the accident. A no-fault system provides an additional benefit to workers who are therefore not required to meet the burden of proving the merits of their case while still experiencing the effects of the injury and before receiving benefits.

As a result of this no-fault system, both employees and employers receive valuable protections. Employees receive medical treatment and compensation for lost wages, while employers pay for the cost of coverage in return for protection from direct lawsuits by employees.

The process for filing and receiving approval of workers’ compensation claims in Pennsylvania is complicated. Claimants are required to provide information in the form of medical records and other necessary documentation. This information must be collected, organized, and presented within certain procedures and deadlines. Powell Law has represented injured workers for 115 years and has a distinguished reputation throughout northeastern Pennsylvania for adhering to the highest standards in serving those injured on the job. Contact Powell Law at (570) 961-0777. The consultation is FREE, and you don’t pay unless we win!

Workers Comp Is No-Fault Insurance

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