Legal Question in Workers Comp in Pennsylvania
Re-imbursement in Small Claims Court
Employer denied my Mom's worker's comp claim (minor injury no permanenet damage). Hired an w/c attorney to fight for her rights. We agreed to pay lawyer 20% of winning fees. Can we take employer to small claims court to recover the 20%? What are our chances of winning some if not all of the money if we persue. Thank you very much for your time
Asked on 9/03/03, 2:45 pm
1 Answer from Attorneys
William Marvin
Cohen, Placitella & Roth, P.C.
Re: Re-imbursement in Small Claims Court
No chance at all.
The exclusive remeedy for any claims against your employer is through the workers comp procedures. The W/C judge may award attorney fees on top of the benefits, if the employer has made an "unreasonable contest" of the claim.
So, your small claims court doesn't even have jurisdiction.
Answered on 9/03/03, 3:56 pm
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