Pennsylvania Workers’ Comp Lawyer for Transportation Workers
Transportation workers for private and public companies all across the Commonwealth are entitled to benefits when they get injured on the job. Workers’ Comp pays these benefits virtually regardless of how the accident happened, giving you benefits to get you through the worst outcomes.
When you get hurt at work, you should be entitled to coverage for your medical bills, lost earnings, and certain permanent injuries. For help, you should always work with a lawyer. Employers and insurance carriers seek to shut down claims, and getting full benefits might be tougher than you realize.
For a free review of your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
What Transportation Workers Are Covered?
Virtually all “employees” at any transportation company operating in Pennsylvania should be covered under Workers’ Compensation law. This means covering any of these workers:
- SEPTA drivers
- Drivers for other regional transportation companies (e.g., LANTA, BARTA)
- Train, bus, and trolly drivers
- School bus drivers
- Drivers for Greyhound and other similar companies
- Coach, tour bus, and sports team bus drivers
- Truckers
- Delivery drivers
- Taxi drivers.
Keep in mind that a lot of these kinds of transportation companies try to game the system, especially when it comes to delivery drivers. If you are an independent contractor, you likely are not covered. This is typical for rideshare and delivery drivers for certain apps. However, many drivers work through third-party delivery companies as employees, and they should be covered under their direct employer or under “statutory employee” laws.
In any case, our Workers’ Comp attorneys for transportation workers can confirm your employment status, check on your employer’s coverage, and help you file your claim if you have any doubts.
Will My Workers’ Comp Claim Go to Court?
Our help becomes really vital when your case goes to court. Not every case needs to go to court, but employers and insurance carriers often have broad latitude to deny claims, pushing injury victims to file in court.
The initial determination for coverage comes from your employer – or, more likely, the insurance carrier telling your employer how to rule. From there, you can take your denial to court by filing a Claim Petition.
This puts the decision before a Workers’ Comp Judge, a specialist judge who only hears and decides Work Comp cases. It will be their responsibility to hold a hearing, examine the facts of your case, and rule on benefits.
What Happens at a Workers’ Comp Hearing for Transit and Transportation Workers?
The core goal of a hearing on a Claim Petition is to answer two questions:
- Was the injury work-related?
- Are you disabled from it?
If your injury did happen within the scope of your job and you now cannot work because of the injury, you should get ongoing benefits. Even if you can work a little, partial disability benefits are available to help make up for the reduction in pay.
Judges accept a variety of evidence. Depositions can be held in law offices before the hearing to get your testimony and testimony from other witnesses on record. Doctor’s reports and medical records must also be collected, potentially requiring you to get exams from doctors on both sides of the case.
While most evidence is turned in through depositions and reports, you will likely testify at your own hearing in person. This allows the judge to get the information straight from you about how your injury happened, how it affects you, and whether you need ongoing benefits.
Can I Get Workers’ Comp for a Car Accident that Was My Fault?
Workers’ Comp covers nearly all accidental injuries on the job. The core issue is whether the injury was within the scope of your job duties, not who caused it. However, certain issues with fault can shut down a case.
Fault
Injuries can be covered whether they were your employer’s fault, your own fault, or a third party’s fault. Unlike with auto insurance, Workers’ Comp does not take fault into account for the most part.
Exceptions
The core exception is that your injuries are not covered if they happened through intentional actions or drug or alcohol use. For example, a DUI accident might not be covered.
Legal Violations
Workers’ Comp also does not have to cover injuries caused through illegal activity. This is a problem when transportation accidents involve traffic law violations.
These might qualify as “violations of the law,” but they are usually not enough to stop Workers’ Comp, as discussed in Rox Coal Co. v. WCAB (Snizaski) (2001). First, a police report alone is not necessarily enough evidence of the violation. Second, summary offenses – which cover most traffic violations – are not usually serious enough to count.
The focus is instead on serious violations – i.e., misdemeanors and felonies – not traffic violations.
Scope of Work
A final argument that can shut down accidents is the employer’s claim that causing an accident or violating a traffic law is outside the scope of your job. Basically, they say they are not paying you to cause crashes.
Also discussed in the Rox Coal Co. case, courts have held that neither a police report nor a summary offense is necessarily enough evidence to say the violation is outside the scope of work. Additionally, if the cause was the driver’s underlying negligence, not the violation that would put it outside the scope of duties, then benefits must go through.
Can Family Members Claim Workers’ Comp After a Deadly Crash?
Many auto accidents are fatal, and Workers’ Compensation is routinely claimed as death benefits for deceased drivers and transportation workers.
If your loved one died in a work-related crash, then your family can claim lost earnings, a burial stipend, and medical benefits for the loss.
Can You Get Workers’ Comp for a Crash During Your Commute?
Generally, when you are driving to work in the morning or coming from work in the evening, that is not part of your job. However, if you were running errands for your boss on the way to work or your employment contract includes commutes as part of the scope of your work, this can be covered.
Call Our Workers’ Comp Lawyers for Transportation Workers Today
For a free case evaluation, call Cardamone Law’s Workers’ Comp attorneys for transportation workers at (267) 651-7945.
