A Common Myth about Workers’ Compensation

When an accident or fluke mishap happens in the workplace, you may be unexpectedly thrust into the midst of the unfamiliar world of a workers’ compensation claim. Suddenly, you face the prospect of enduring pain and lost income if the severity of an injury warrants missing work time or necessitates a reduction of capacity to allow for proper recovery.

In some situations, there may be no apparent negligence or recklessness on behalf of your employer or any of your colleagues to which the incident might be attributed. In such a situation, you might be unsure of whether you can seek workers’ compensation benefits. This confusion may be due to the widely held misconception that an employer must have acted in negligence to qualify you for workman’s compensation.

The Truth, When it Hurts

Rest easy, however, knowing that to qualify for a workers’ compensation claim does not require anything more than suffering an injury or illness at work or while performing tasks directly associated with job responsibilities. There are still hurdles to clear, such as the determination by your employer’s insurer of whether your claim is valid and the employer is liable, but there are no factual problems to prevent you from receiving the benefits you need.

Employer negligence only comes into play in select cases where an accident results from egregious behaviors and practices. In Philadelphia, they are even rarer because the Pennsylvania Workers’ Compensation Act places strict prohibitions against pursuing legal action against your employer if you accept workers’ compensation benefits.

Each case is different, and it is best to speak with an experienced workers’ compensation lawyer early on in the process. Contact the Philadelphia workers’ compensation attorneys of Lowenthal & Abrams, P.C., at 215-238-1130 to learn what legal recourse may be available to you.