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You Shouldn't Have To Fight For Workers' Comp Benefits

June 2015 Archives

Exceptions to the workers’ compensation “exclusive remedy” rule in PA

In our last post, we pointed out that there are limitations on when compensation is available to an injured worker outside the workers’ compensation system. That is the case in every state, including Pennsylvania. This is why workers’ compensation is sometimes called the “exclusive remedy” for workplace injuries.

Tort liability for workplace injury not always available

Although workplace injuries can have a significant impact on the spouse of an injured worker, the availability of compensation depends on the facts of the case. Take, for example, a recent case involving a Pennsylvania stone container company sued for negligence in connection with a workplace injury. The wife of the yard jockey who suffered the injury claimed in her suit that the company failed to maintain a safe work environment, and specifically that the company failed to keep the premises cleared of snow and ice. Slick conditions, in this case, caused the employee to slip and injure his shoulder while performing a task.

Fighting employer retaliation in workers’ compensation cases

Discrimination and retaliation are important issues in the field of employment law. Workers who are subjected to adverse treatment on an illegal basis or for exercising their rights under the law do not have to sit back and take it when an employer engages in such behavior. Taking legal action allow one to have one’s rights protected and to receive appropriate compensation.

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