Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Dropped Worker's Compensation in 2006 in PA Pennsylvania

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Dropped Worker's Compensation in 2006 in PA Pennsylvania

    Hello,

    I have been working as a machinery service technician for over 2 years for a guy in PA. It is a small company, just him and I. He has had many other employees come and go, and at one point had 5 on the payroll. He is on his own payroll as well. A few weeks ago, I lacerated my dominant index finger on the job. After the emergency room visit, I was asking for the workers comp info. I was strung along for a few days before he came out and said that they "were having trouble finding the policy." The ensuing conversation revealed that he knowingly dropped coverage in 2006 "when he didn't have any employees," even though he remained on the payroll. I was never informed of this. I assumed that since I am in an extremely dangerous position DAILY, he would have it. I could lose a hand/fingers, get crushed, etc. Sometimes the equipment is the size of a city bus, even a rail car.

    What is the potential penalty that could arise out of this? Is it totally predicated on how my finger heals? Can I go after him? I am told that WC is approximately 8% of my salary, give or take. I figure this dirt bag has pocketed about an extra 13k over 2 years, taking it directly from me and my family. Couple that with the screwed up "overtime" (see other post) that he claims to pay me, and its approximately 36-40k that this scum owes me. Can I go after this?

    Thank You all in advance.

  • #2
    ARTICLE III
    Liability and Compensation
    Section 301
    (a) Every employer shall be liable for compensation for personal injury to, or for the death of each employe, by an injury in the course of his employment, and such compensation shall be paid in all cases by the employer, without regard to negligence, etc here http://www.portal.state.pa.us/portal...07&mode=2#art3
    There is a Uninsured Employer Fund that will pay benefits in your claim...
    Sec 1603 Claims.
    (a) Scope.-- This section shall apply to claims for an injury or a death which occurs on or after the effective date of this article.

    (b) Time.-- An injured worker shall notify the fund within 45 days after the worker knew that the employer was uninsured. The department shall have adequate time to monitor the claim and shall determine the obligations of the employer. No compensation shall be paid from the fund until notice is given and the department determines that the employer failed to voluntarily accept and pay the claim or subsequently defaulted on payments of compensation. No compensation shall be due until notice is given.http://www.portal.state.pa.us/portal...7&mode=2#art16
    I am told that WC is approximately 8% of my salary, give or take. I figure this dirt bag has pocketed about an extra 13k over 2 years, taking it directly from me and my family.
    As the employER is liable for industrial injury/illness, and WC is a law, not a benefit for the EE/IW... the employEE is not paying the premiums for the ER to provide coverage for your injury.
    There are very few states that permit an EE to pay a portion of the WC premium. I don't believe PA is one of those.
    Couple that with the screwed up "overtime" (see other post) that he claims to pay me, and its approximately 36-40k that this scum owes me. Can I go after this?
    You need to get all of your payroll records together and seek consultation with an employment law atty. THis is not a WC issue.
    I was never informed of this. I assumed that since I am in an extremely dangerous position DAILY, he would have it. I could lose a hand/fingers, get crushed, etc. Sometimes the equipment is the size of a city bus, even a rail car.
    You don't need to be informed of your ER's business practices. Whether or not he's insured for injury/illness isn't your issue. Nor does it trigger your eligiblity for benefits under the law. ALL employers are required to provide some type of coverage to their liability.

    For the injury claim, you need to discuss your options with an attornery primarily handling WC claims.

    Make yourself familiar with the laws/statutes at the above links and know what benefits are available to you, and maybe more important, what is not available under the WC Act.
    WC is no fault, you don't get money for pain and suffering, lost wages nor punitive damages. If you are able to bring action under a uninsured employer action, there may be other benefits open to- you. Again, a WC atty is necessary.

    Comment


    • #3
      Thank you. I will seek a labor atty.

      Comment


      • #4
        Originally posted by feelingrippedoff View Post
        Thank you. I will seek a labor atty.
        You need an attorney with expertise in Worker's Compensation. "Labor" is too general.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X