Legal Question in Workers Comp in Pennsylvania
My boyfriend was hurt at work and his employer refuses to file workmans comp... what are our options. He hurt his back at his job, he previously had a back injury two years prior. His work is saying it is a prior injury so they don't have to file.
2 Answers from Attorneys
Your BF should hire an experienced work comp atty ASAP, and that atty will probably have to file a Claim Petition. Please ask your BF to call to discuss. Thank you.
Richard Senker
1 866 AUTOCRASH (toll free)
Your BF's employer is required, by law to report a claim. If it is not filing and you believe that its insurance company would treat the claim favorably even if the employer is hositle toward the claim, you can determine the name of the employer's insurer, online, at http://www.portal.state.pa.us/portal/server.pt?open=514&objID=552709&mode=2. If you are able to work directly with the insurer, you may be able to avoid the need to hire an attorney and pay 20% of the benefits as an attorney's fee.
If your BF's employer is not currently insured or his claim is denied, he should contact a workers compensation lawyer. In your area, hearings would be scheduled at the WC hearing office at 2d and Hamilton in Allentown.
If your BF is unable to work and the claim is not accepted right away, consideration should be given to filing an unemployment compensation claim. An experienced WC lawyer can explain how to do that while still also pursuing a WC claim. This strategy may be the quickest and easiest way to provide your BF with $$ to live on while he is fighting his WC claim.
Please feel free to contact me if you have any other questions. 610-213-0606. You can also check out my website at www.mcgraw-law.com. A link to my blog is on the home page at the site. Good luck.