Will Your Pennsylvania Workers’ Comp Case Be Heard by a Jury?
Workers’ Compensation is a specialized system in Pennsylvania. It essentially works like an insurance system with a large amount of court-based oversight, sending any issues or problems to a Workers’ Comp judge via a petition. Appeals also go to the Pennsylvania Workers’ Compensation Appeal Board and higher courts, if needed. But does a jury get involved?
Unlike lawsuits, which can be heard before a jury, Workers’ Compensation claims do not go before a jury. Instead, they are handled first by the Workers’ Comp carrier your employer uses, then by a judge if you file a petition in court. Appeals can put the case before different boards and courts, but at no stage does the case go before a jury.
For help with your case, call our Certified Pennsylvania Workers’ Compensation Lawyers today at Cardamone Law by dialing (267) 651-7945.
Does a Jury Hear My Workers’ Comp Case in Pennsylvania?
Juries are used in all sorts of court cases. People tend to think of juries as primarily used in criminal cases, but civil lawsuits do have the ability to go before a jury in most cases, too. The alternative to these kinds of cases is a “bench trial,” where only the judge hears the facts and legal arguments and decides both instead of giving the factual questions – such as who was at fault and how much the case is worth – to a jury. Workers’ Compensation does not go before a jury because it isn’t even a lawsuit in the first place.
Lawsuits are cases filed in court against a defendant where the plaintiff claims some sort of harm or damages. To win those cases, the victim/plaintiff needs to prove the defendant was at fault and provide evidence of the damages. Workers’ Comp does not primarily deal with questions of fault, and when it goes before a judge for a hearing, the questions are very different than those in a civil lawsuit.
When a Workers’ Compensation case goes before a Workers’ Comp Judge, the lawyers file a “petition” rather than a “complaint” – the document that starts a lawsuit. These cases go before specialized judges for specialized hearings that may touch on fault and how much the case is worth. However, the judge’s focus is determining whether the Workers’ Comp Act is being applied and followed correctly and whether the employer and Work Comp carrier are paying benefits as required under the Act.
There is no jury in these cases because the questions at hand are so specialized. Additionally, the law simply does not authorize a jury to hear these cases and instead puts all questions in the judge’s hands. Even so, that does not hurt your case by any means.
Are Workers’ Comp Judges Fair?
Generally speaking, Workers’ Comp Judges primarily handle Work Comp cases day in and day out – this is their bread and butter. Their goal is never to be on one side or the other but to ensure that the law is carried out properly. In many cases, carrying out what the Workers’ Comp Act requires means paying the injured worker the benefits they need, and Work Comp Judges can usually be counted on to be fair and just.
Even if they are not or they seem to have it out for you in your case, our Philadelphia Workers’ Compensation lawyers are there to represent you and seek to have your rights protected. If there seems to be a serious problem of bias, we can address that with the court in a professional manner. If there are problems with the way the judge ruled on your case, we can appeal them.
Who Decides Workers’ Comp Cases in Pennsylvania?
As mentioned, Workers’ Comp judges often decide the case – but there are steps both before and after the judge gets involved that weigh heavily on how the case turns out.
Insurance Carrier
The first people to hear your claim and decide whether or not to pay your benefits will be your employer and their Workers’ Comp carrier. Your initial claim is filed with them, and they decide whether your injury is work-related and disabling. If they find that it is, they should start paying you benefits.
If this claim is successful, you might not even have to go to court in the first place, but employers and insurance carriers rarely just agree to pay you and leave it at that. Additionally, other issues will arise later in your case that likely need to go before a judge, especially when the carrier can request medical reviews to see if your condition has improved after 2 years on benefits.
Work Comp Judge
When the insurance carrier denies your claim, our lawyers file your petition with a Workers’ Comp Judge. These judges are a type of administrative law judge – that is, they carry out administrative law decisions instead of working in the Court of Common Pleas. The Court of Common Pleas is Pennsylvania’s court of “general jurisdiction” in each county courthouse where divorce cases, injury claims, and criminal cases are heard. Work Comp Judges instead serve under the Workers’ Compensation Office of Adjudication and are empowered only to hear Work Comp cases. There are about 90 Work Comp Judges across Pennsylvania.
Workers’ Comp Appeal Board
Appeals from the Workers’ Comp Judge’s decisions go to the Pennsylvania Workers’ Comp Appeal Board. This Board is made up of Commissioners that the Governor appoints to hear appeals and deal with other matters concerning Workers’ Compensation in Pennsylvania.
Commonwealth Court
If the Appeal Board’s decision is still not in your favor, we can appeal the case even further to the Commonwealth Court. This is a nine-judge panel that hears all kinds of appeals cases from across Pennsylvania dealing with regulatory decisions and other specialized matters, including appeals from the Workers’ Comp Appeal Board’s decisions.
Pennsylvania Supreme Court
From there, cases can be appealed all the way to the Pennsylvania Supreme Court, but this is rare. The Pennsylvania Supreme Court can also deny hearing your appeal, leaving the Commonwealth Court’s decision in place.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For a free review of your potential case, contact Cardamone Law’s Bucks County Workers’ Comp lawyers at (267) 651-7945.
