Was your Employer Uninsured at the Time of your Work Injury?

Injured at work? Did your employer fail to carry workers' compensation insurance, and, therefore, was uninsured on the day that you were injured? What do you do? Do you have to sue your employer? Are you still covered by the Workers' Compensation Act?

If you were injured on or after January 8, 2007, there is good news. Pennsylvania passed a new law which provides weekly disability benefits to injured workers if, at the time of your injury, your employer did not carry Pennsylvania workers' compensation insurance. However, just like any other injured worker, you must file a petition with the Bureau of Workers' Compensation. Our office has filed many of these petitions on behalf of our clients. You must still prove that you were injured in the course of your employment, and that you are unable to do your time-of-injury job. In the typical case, we write to your doctor to obtain medical proof of your disability, and we guide you through the testimony that you will give before a Workers' Compensation Judge.

A special fund for uninsured employers has been set up to pay these claims. Therefore, a Guaranty Fund has the right to contest our petition for benefits. We handle your case just the same as we do for any other client who has been injured, and the employer has denied the claim. Our goal is to get you your weekly disability check and medical coverage for your injury until you are physically able to return to your time-of-injury job.

The formal title for this new law is the "Uninsured Employer Guaranty Fund Law".