Workers’ compensation claims can be filed for all kinds of on-the-job injuries at all kinds of jobs. Universities across Pennsylvania employ such a wide range of employees with such a wide range of potential injuries they can file for.
All kinds of employees at a university are able to file for Workers’ Comp, from maintenance staff to dining hall staff to professors and administrators. You start your claim by giving your employer notice of the injury, then they file with their Workers’ Comp carrier. If you are denied, you can take the case to a Workers’ Comp Judge with your lawyer’s help.
For your free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
What College Employees Can File for Workers’ Comp in Pennsylvania?
Universities and colleges hire a wide range of staff, and how they are hired might affect their ability to file:
Regular Employees
Any staff member hired as an “employee” can typically file for Workers’ Comp with no questions about their employment status. This should cover groundskeepers, maintenance staff, dining hall workers, and so many other positions.
Professors
Professors might be university employees, but they might also be hired as independent contractors instead. Different factors, such as whether you are an adjunct or not, how you get paid (W-2 or 1099), and how much control you have over your work, will define your status.
Only “employees” are covered, but contractors may be able to sue for injuries instead of filing for Workers’ Comp.
Student Workers
Many colleges hire students for work-study programs or student positions. This can cover anything from coffee shop and dining hall workers to TAs and research assistants.
Again, the question of whether your job is controlled by your employer, how you are paid, and other factors will define whether you are an “employee” in this role. You cannot typically be blocked from Workers’ Comp because your job is seasonal or temporary; only “casual employees” and “independent contractors” can be blocked from coverage.
Contractors and Third-Party Employees
Some jobs on campus might be considered independent contractor positions. This could cover IT jobs, custodial staff, drivers, and event workers. If you are properly classified as a contractor, you are ineligible for Workers’ Comp, but employers often get the classification wrong.
You could also be employed by a third-party company, in which case you would file a Work Comp claim with that employer instead of the college/university.
How to File for Workers’ Comp
As soon as you are injured, take the following steps to get your claim filed properly:
- Get medical care to document your injuries and put you on the road to recovery.
- Report your injury to your employer. Our lawyers can help you with this step to ensure the report goes to the right supervisor, office, or department. Reports must be made within 21 days (120 at the latest).
- Continue getting medical care. Throughout the process, you have to keep up with care, or else you could lose coverage.
- File a Claim Petition with the Workers’ Comp Office of Adjudication as soon as your employer denies your claim (usually within 21 days of your notice).
When you file a Claim Petition, your Pennsylvania Workers’ Comp lawyer can help you ensure it contains as much information as we can provide. This petition lays out
- What injury you suffered
- How it happened
- How it was work-related
- How much it disabled you
- The effect on your wages
- And other details needed for your claim.
What Do I Do Next?
After that, you must keep up with medical care. In the first 90 days of care, you may need to treat with a doctor from your employer’s list of chosen care providers, but certain exceptions apply (e.g., specialists that aren’t on the list).
We will also help you collect evidence, which may involve seeking medical exams from doctors to draw up medical reports. Your employer can also demand you see their chosen doctor for an IME (independent medical exam).
FAQs for Injured College and University Workers in Pennsylvania
Can I Sue My College/University for Injuries?
Your ability to sue the college/university will depend heavily on how the accident happened and who caused it. You typically cannot sue your employer for a work-related injury, but not every injury on campus is going to be “work-related.”
For example, injuries during your commute are not work-related. If you attend a class, lecture, or campus event (e.g., a sporting event), that would also not be “work-related” if you are not working during that time. That could allow a lawsuit against the school.
Can I Sue Third Parties?
You can also sue third parties, such as manufacturers of dangerous products you used at work or drivers who hit you while you were working.
When Do I Have to File My Claim?
Notice of your injury needs to be given within 21 days of the accident, though you may still be able to file as long as you got your notice in within 120 days.
Claim Petitions are filed after the denial is handed down (or after 21 days from your notice if your employer does not respond at all). These must be filed within 3 years of your injury.
If you file a lawsuit, that usually needs to be filed within 2 years.
Can I Use Workers’ Comp and File a Lawsuit?
If you have a third party you can file a lawsuit against, you can file both the Workers’ Comp claim and the lawsuit. Workers’ Comp is a no-fault system, and employers are on the hook for payments even if someone else caused your injuries.
Filing both claims is often best, since lawsuits can cover damages Workers’ Comp won’t cover (e.g., pain and suffering), but Workers’ Comp is often faster than a personal injury lawsuit.
What Do I Need to File a Claim?
Workers’ Comp claims require these items:
- A work-related injury (i.e., an injury caused by dangerous conditions at work or obtained while performing work duties)
- An injury that disables you for at least 7 days (not necessarily in a row)
- Status as an “employee”
- Evidence consisting of medical records, doctors’ reports, proof of what happened in the accident, etc.
We can help you obtain evidence and other proof, so call us as soon as you can.
Call Our Pennsylvania Workers’ Comp Lawyers Today
If you were hurt at work, call Cardamone Law’s Philadelphia workers’ Comp lawyers at (267) 651-7945 for help with your potential case.
