Workers’ Compensation is very different from a traditional lawsuit. Instead of having a “plaintiff” and a “defendant,” we have a “claimant” and a “respondent.” Instead of proving negligence, you need to prove the accident was work-related and disabling. But one big difference is that there is no jury.
In a Workers’ Comp case, your claim is decided by a judge alone. This judge is also a bit different from other judges in normal courts, in that they are not selected the same way and do not have regular judicial powers.
For help with your work injury case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
What Does the Jury Do in Injury Lawsuits?
In a normal injury lawsuit, you file in court under a claim of negligence or intentional injury. There, the plaintiff presents evidence to the jury to prove the defendant was at fault for their injury. It is the jury that ultimately makes the determination about fault.
When you present an injury lawsuit to the jury, they are the ones deciding whose story is true, what happened, and how much the damages are. The judge is there to decide the law in the case only, not the facts.
In a “bench trial,” you can forgo a jury and have the judge decide both.
Is There a Jury in Workers’ Comp Cases
In a Workers’ Compensation claim, the point is not to decide fault. This type of claim is specialized, and the issues are narrowed down to just these two:
- Was the accident work-related?
- Is the claimant (the worker) disabled by it?
This system is also intended to be streamlined and quicker, meaning that taking the case before a jury is simply not available.
Instead, the judge decides the facts and the law that apply. However, these cases are, again, quite streamlined, and there are not necessarily deep legal questions involved. As such, the Workers’ Comp Judge on the case is more of an arbitrator, collecting the facts from both sides, hearing arguments, and applying limited law.
Is a Workers’ Comp Judge a Regular Judge?
Workers’ Comp Judges (WCJs) are a special type of judge called an administrative law judge, and the courts where they hold hearings are not the same as the courts where you go for lawsuits or criminal cases.
“Normal” Judges
A “normal” court in Pennsylvania is the Court of Common Pleas. These are in each county, and they are used to decide cases ranging from wills, adoptions, divorces, and injury claims to criminal cases. Under those courts, there are also multiple municipal courts where small claims, traffic tickets, and preliminary criminal hearings are held.
Common Pleas judges are empowered under Article V of the Pennsylvania Constitution and work as part of our independent judiciary. They have general powers to hear cases, decide claims (with the help of juries), and make orders.
These judges are elected in Pennsylvania.
Workers’ Comp Judges
WCJs are administrative law judges, meaning they actually serve under the Governor rather than as part of the independent judiciary. The Workers’ Compensation Office of Adjudication (WCOA) is part of the Department of Labor and Industry, making it under the ultimate control of the Governor – Pennsylvania’s Executive branch, rather than its Judicial branch.
The WCOA appoints WCJs who are qualified for the position due to their history working specifically in Workers’ Comp cases. While these judges do not have general legal powers like Common Pleas judges, they have full control over their courtrooms, hearing schedules, and the parties before them, like any other judge.
Can You Appeal a Workers’ Comp Claim to a Jury Trial?
Workers’ Compensation claims can be appealed to the Workers’ Comp Appeal Board (WCAB), another division within the Department of Labor and Industry. This board is, like the WCJs that hear the initial cases, part of the Executive branch. At this level, there is no jury trial either.
From there, appeals can go to the judicial branch before elected judges. However, at no point does the case go before a jury.
The first Judicial branch court to hear your case would be the Commonwealth Court, a statewide appeals court that deals with administrative law and Workers’ Comp cases. These judges can modify and apply legal rulings based on fairness and legal interpretations. Their decisions are binding on the WCAB and WCJs, and rulings from this court are how we get most of our legal precedents in Workers’ Comp cases.
From there, you can appeal to the Pennsylvania Supreme Court. This is the highest level of court in the state. However, they can deny an appeal if they think it was rightly decided and there is no reason to rehear the case.
Can You Take a Work Injury Case to a Jury Trial Instead of a Workers’ Comp Claim?
Workers’ Compensation is not the only way to get compensated after a work injury. In most cases, you cannot sue your employer for an injury, leaving Workers’ Comp as the only way to get paid if you caused your injury yourself or if your employer was responsible. However, when other outside parties cause injuries, you can sue them like you would in any other case.
Workers’ Comp claims can be filed first to hopefully get damages paid quickly. After that, you can talk to our Pennsylvania work injury lawyers about taking the at-fault defendant to court, too.
You can sue any at-fault party outside of your workplace, such as…
- Drivers
- Equipment manufacturers
- Material manufacturers and suppliers
- Customers
- Clients
- Property owners.
When you sue them, you can’t get any damages paid twice. Workers’ Comp will have already covered your medical bills and lost wages (typically at 2/3 of the loss), but a lawsuit will pay these damages again, plus the rest of lost earnings, other economic damages, and pain and suffering. So that you won’t get paid twice, the Workers’ Comp insurance carrier that paid your claim may be allowed to demand repayment for those costs from your lawsuit’s winnings.
These proceedings are all separate from any Workers’ Comp claim, and any decisions made in one case must be decided anew by the judge and jury in the lawsuit. Since the jury trial deals with fault, most of the underlying questions are different anyway.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Contact the Philadelphia Workers’ Compensation lawyers at Cardamone Law at (267) 651-7945 for your free case review today.
