There are many things that can happen in a situation like this. When an employer carries WC insurance in Pennsylvania, they have immunity from lawsuits under other theories of liability, such as negligence. If the employer does not carry WC insurance, the injured worker may have a claim for lost wages, medical bills, AND pain and suffering if the employer was at fault and the employer’s negligence caused the injury.If there is no negligence involved, the injured worker could still pursue a claim for workers’ compensation benefits against the employer. The employer would simply be directly liable for the workers’ compensation benefits rather than having their WC insurance company pay the tab. Additionally, the Commonwealth of Pennsylvania has set up the Uninsured Employer Guarantee Fund which is designed to take the place of an employer who does not have WC insurance. The UEGF can be liable to make the payments that would otherwise be made by the WC insurer.
For additional information, read our article about "Can I get Help If My Boss Has Rejected My Workers' Compensation Claim?"
Answered on Dec 17th, 2015 at 12:30 PM