When you get hurt at work, you are often entitled to a Workers’ Comp claim. Hospitals and health networks are some of the biggest employers in most areas of Pennsylvania and throughout the state, and hospital workers have a relatively high risk of injury. This means these claims happen all the time.
Our attorneys can help you with the process, but it usually starts with getting treatment and filing notice of your injury. Then your employer decides whether to accept your claim, and if they deny you, we can take it to court with a Claim Petition.
For a free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Can Hospital Workers File for Workers’ Comp?
If you are an employee at a hospital or other health system in Pennsylvania, you should be covered under Workers’ Compensation – but that’s only for “employees.”
Employee Status
“Employee” status covers all workers who are actual hospital employees, as opposed to employees or workers at a private practice or third-party agency. Most hospital workers in Pennsylvania are employees, but some might not be.
Your status should typically only be in question if you are a doctor working for a practice instead of the hospital, or if you perform other services (like maintenance, custodial work, gardening, or transportation).
Third-Party Employees
Some workers at hospital systems are actually employees of third-party companies that contract with the hospital. This could cover
- Transportation drivers/aides
- Maintenance/custodial workers
- IT specialists
- Agency nurses
- Temp workers
You can typically tell who your “employer” is based on who actually pays your paychecks and gets listed on your W-2. If it’s a company other than the hospital, you file your Workers’ Comp claim with them instead, but you may still be entitled to a claim.
In rare cases where your direct employer doesn’t have the required insurance, you may have a claim against the hospital instead, considering them your “statutory employer.”
Independent Contractors
The typical alternative to being an employee is being an independent contractor. These workers are treated as self-employed and may work one-off jobs for the hospital/hospital network, potentially under an LLC name. They also typically work in a different trade (e.g., construction during renovations, event catering).
If this is your situation, you may have a lawsuit against the hospital for injuries instead of a Workers’ Comp claim, but you typically cannot file for Workers’ Comp as an independent contractor.
Private Practice
Doctors and other medical professionals in private practice might not be hospital employees and may either be contractors with no coverage or covered under their practice’s Workers’ Comp. Sometimes there is a difference based on whether you are an actual partner or an employee of the partnership, and you will need a Pennsylvania Workers’ Comp lawyer to look into your situation.
How to File
In a Workers’ Comp claim, you typically need to take these steps. However, our lawyers can help you with all of them.
Get Medical Care
If you’re going to be injured at work, being injured at a hospital is probably the best place for it to happen. This can get you immediate care.
Ongoing care might be complicated, depending on what doctors your employer’s Workers’ Comp carrier approves. You may need to use outside care to avoid a conflict, but our lawyers can walk you through that.
Call a Lawyer
The sooner you start working with us, the better we can guide you through the process. Getting your claim accepted means giving your employer the right information as part of your claim, so always have a lawyer on your side.
Report Your Injury
Work injuries need to be reported within 21 days, and if you wait longer than 120 days, your claim is over. Your employer gets 21 days to respond, at which point they will likely deny you (though they also have options for extending their decision another 90 days).
File a Claim Petition
Once you are denied, you can file a Claim Petition with the Department of Labor and Industry’s Office of Workers’ Comp Adjudication and get the case assigned to a Workers’ Comp Judge. From there, there are evidence collection steps that are needed, medical exams to undergo, and hearings to be held.
FAQs for Hospital and Health System Workers Injured on the Job
How Do I Report My Injury?
Your specific employer might have different processes for reporting injuries at work, but you can typically give notice to your supervisor, manager, or department head. Larger hospital networks typically may require the notice to go through HR or a designated office.
What Injuries Are Covered?
Workers’ Comp should cover any injury that happens in the course of your work duties or because of dangerous work conditions. This could account for all of the following, and more:
- Injuries from dangerous conditions (a slip and fall, railing collapse, electrocution, etc.)
- Injuries during healthcare tasks (stabbing yourself with a needle, contracting an illness because of a damaged glove)
- Injuries from ineffective or broken PPE (leaking bio suits, etc.)
- Contracting an illness from a patient (MRSA, etc.)
- Injuries from lifting and moving patients
- Assault by patients, family, or other staff.
Does Fault Matter in Workers’ Comp Claims?
The circumstances of the injury are more important than who was at fault. Workers’ Comp is a no-fault system and pays benefits whether your employer was at fault or not. It even covers injuries you accidentally caused yourself, though your employer might challenge that claim.
Injuries are not covered if you caused them intentionally, through illegal activity, or through drug/alcohol use.
How Do I Tell if I’m a Hospital Employee or Another Employee?
It can be hard to tell precisely who your employer is, especially if you work at the hospital, but you are hired through another agency (nursing agency, cleaning service, etc.). You can typically check who your direct employer is based on which employer name is on your paychecks and W-2.
If you are paid under the table or with a 1099, talk to a lawyer about who your employer is and how to file. If your direct employer does not have Workers’ Comp when they are supposed to, the hospital might be required to cover you in their place.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
Call (267) 651-7945 for a free case review with the Philadelphia Workers’ Comp lawyers at Cardamone Law.
