Legal Question in Workers Comp in Pennsylvania

on the other end of workmans comp

I have put myself in the unenviable position of having a worker injure himself and not having a workmans comp policy. It lapsed in January due to lack of work. I was in the process of reinstating it (I had started the paperwork with my insurance agent). The worker got hurt very badly and is in the hospital. His wife refuses to let me see him and is evasive when I try to see her for discussions concerning this. I have reinstated my policy now and have sought the advice of an attorney. He, however; does not specialize in this field of law and is referring me to a criminal defense lawyer. I have not been in contact with him as of yet and I am trying to get as much information as possible on what to expect. I don't have a criminal past and I am a little scared at the moment. My company is very small and also set up as a C corporation. Please advise me as to what steps I need to be concerned about and what possible implications this will have on both my company and my personal life.

Thanks, Hank


Asked on 4/21/04, 5:14 pm

2 Answers from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

Re: on the other end of workmans comp

I am not a criminal lawyer, so I cannot comment on the criminal ramifications. However, the fact that you did not have WC Insurance allows the injured worker to sue your company for damages. Because you operated as a Corporation, it is unlikely that he can get to your personal assets however, he cerainly can get to any assets your corporation may have. You definitely need to consult a lawyer. It is possible that if you had liability insurance, that ins. co. might cover you. Unfortunately most liability policies specifically exclude employees. You may also have a case against your insurance agent if he did not act promptly in securing WC insurance. GO SEE A LAWYER IMMEDIATELY!!

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Answered on 4/21/04, 5:31 pm
William Marvin Cohen, Placitella & Roth, P.C.

Re: on the other end of workmans comp

You are doing the right thing in looking for an attorney who is experienced in this area. I don't think it sounds like a crimimal matter unless there were some very bad safety violations.

You should not, however, be looking for advice on the Internet. Besides the issue of getting what you pay for, it's not a good idea to post facts in public; there's no confidentiality.

The basic effect of not having comp insurance is that the injured worker has a choice between filing a compensation claim and getting guaranteed payment for medical expenses and weekly wage benefits, and suing for negligence, where he has to prove fault of the employer under common law but could claim all damages.

Only your own attorney can advise what your best course of action is, and what possible exposure you have, corporate and individually. An experienced workers comp defense attorney will be able to tell you what you can and should do on the comp side.

It is probably a bad idea to try to talk with the guy. He has no obligation to meet or discuss things and pressing him now may look bad in the future.

I hope other people reading this may realize how dangerous it can be to "go bare" (without insurance) or work "off the books."

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Answered on 4/21/04, 5:51 pm


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