Q: I was injured on the job, but the accident was due to my own carelessness. Can I still make a claim for Lebanon workers’ compensation benefits?
As Lebanon workers’ compensation lawyers, we regularly work with clients who have suffered occupational injuries and illnesses. Employers carry Pennsylvania workers’ compensation insurance to provide medical benefits and wage replacement for workers injured on the job. In return for carrying the workers’ compensation insurance, employers and their employees are protected from personal injury lawsuits. Injured workers generally benefit from this system because it provides timely financial assistance to help with medical bills and lost wages.
Pennsylvania workers’ compensation is a no-fault system. This means that a worker’s benefits cannot be denied even if the illness or injury was caused by his own carelessness. It does not matter if the illness or injury was caused by the carelessness of the worker or the carelessness of the employer—the worker will collect the same benefit either way. In addition, the worker is not eligible for compensation for pain and suffering—even if the employer was at fault for the illness or injury. If, however, a worker’s injury was caused by a violation of the law or the consumption of drugs or alcohol, workers’ compensation benefits will be denied.
Workers injured on the job are eligible for workers’ compensation benefits no matter who was at fault for the accident. If you have been injured on the job and have been denied workers’ compensation benefits, contact an experienced workers’ compensation attorney at Schmidt Kramer. The toll free number is 888-476-0807 and the case review is free. You may also wish to download our book Who Pays the Bills When You Are Injured at Work? for more information.