Worker’s Compensation Insurance — Does it Really Pay Injured Workers?

In Pennsylvania and New Jersey employers are required to provide worker’s compensation insurance coverage to their employees.   Although the workers’ compensation system was set up to provide financial relief for temporary and permanent disabilities that happen as a result of injuries on the job, it also prevents employees from suing their employers for damages.

On the surface, worker’s compensation may sound like a good thing for employees because it does not matter who is at fault, or what the injury is — if you are injured at work and require medical treatment or time off to recover, or are disabled and cannot work again, you are entitled to file a worker’s compensation claim.  But the trouble is, filing a claim does not automatically mean you will get any benefits, or, even fair benefits.

Unfortunately, the worker’s compensation system favors employers and not the injured.

Worker’s compensation is an administrative system that differs significantly from the civil tort system. In the civil tort system, when a plaintiff (victim, or injured party) sues someone for an accident, he/she may sue to recover for general damages which can include compensation for pain, suffering, emotional distress, and loss of quality of life.

In the workers’ compensation system, however, compensation is based on a predetermined salary formula and does not factor in general damages. In both New Jersey and Pennsylvania, the amount of benefits you are entitled to depends on a variety of factors including average salary, with maximum and minimum payout thresholds.

In no state will worker’s compensation benefits give you compensation that will cover your entire salary.  Recipients of worker’s comp benefits will receive compensation that is at most, 70% of their average income (New Jersey) and only 66 2/3rd percent of average income for Pennsylvania workers.

We Look Beyond the Worker’s Comp Administrative System to Hold Third Parties Accountable in Civil Court

When clients hire our law firm, we look at all the facts surrounding work-related injuries from both the workers’ compensation and personal injury perspectives.  We work hard to make sure clients get the full worker’s compensation benefits they are entitled to, but we also investigate whether other parties can be held responsible.  In other words, we pursue administrative justice and civil justice for clients.

Our Attorneys are Experienced Worker’s Compensation and Personal Injury Trial Lawyers

Workers’ compensation cases are tried by judges and have less formal procedures; most personal injury cases that reach trial are tried by a jury. Even though the trial process is more relaxed in administrative cases, we still see injured parties’ credibility attacked as the defense attempts to discredit accident victims to avoid paying full benefits.

Our worker’s compensation attorneys are experienced trial lawyers.  We know how to handle an aggressive defense by preparing a strong case in advance.  Contact us to schedule a free initial consultation.  If your injuries prevent you from coming to us, we will come to you to discuss your lawsuit.

If you were seriously injured at work, or someone you love was killed on the job, our lawyers want to help you get civil justice and the maximum amount of worker’s compensation benefits and compensation you are entitled to receive.

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