Workers’ Compensation requires employers to cover work-related injuries. This can include falls, but it is important to understand all legal requirements for coverage.
Any fall that happens within the course of your work should be covered. You do not need to point to any OSHA violations or other negligence, but these can certainly help prove how your injury happened. There are also requirements about your employment status and injuries, and rules you need to follow to properly report the accident if you want it covered.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945 for a free case review.
When Are Falls Covered?
Workers’ Comp covers falls and other injuries when they are “work-related.” This usually means falls are covered for any cause, but there are also some exceptions:
Work-Relatedness
A fall is covered as “work-related” if it happened within the course of your employment. Work tasks often take workers up on ladders, scaffolding, trucks, and other high places. Any falls related to this kind of work should be covered.
Injuries are not covered if they happen outside of work, in your off time, or during your commute.
Exceptions
Workers’ Comp is typically no-fault, meaning that it will cover your injuries regardless of who caused the accident. However, the word “accident” is key.
Injuries are not covered if you caused them…
- Intentionally
- Through drug or alcohol use
- Through illegal activity.
What Workers Are Covered?
Workers’ Comp covers employees. This leaves out coverage for independent contractors, but it does not discriminate based on type of employee. This means that full-time, part-time, and seasonal workers are all covered. The only exception is that “casual” employees are not covered.
Most industries are covered, with narrow exceptions blocking coverage to some agricultural workers, all realtors, and anyone working for a federal employer (e.g., USPS).
The Process for Filing a Workers’ Comp Case for Falls
Workers’ Comp cases start with medical care and a report of your injury to your employer.
Call a Lawyer
At that point, stop and call a lawyer. You should always work with a lawyer, even before that stage, if possible. We can collect the rest of the medical records, advise you on any appointments and exams you need to go to, and depose witnesses to get you the evidence you need to bring your case.
File a Claim Petition
Then, you go to court. Your lawyers can file a Claim Petition with the Department of Labor and Industry to have your case assigned to a Workers’ Comp Judge. We can present evidence through hearings and have them decide your benefits and eligibility.
Settlement
Either before the judge’s decision or after your benefits are being paid, you can also settle a claim. This can allow the employer to pay out the rest of the benefits you would receive over time to cover medical care and lost wages in one lump sum or a structured settlement.
Never sign a settlement without speaking with a lawyer. The judge also needs to sign off on settlements.
Can You File Lawsuits Instead?
Workers’ Comp should be available to virtually all employees in Pennsylvania, but it doesn’t necessarily cover full damages. Pain and suffering and incidental economic damages might not be covered, but a lawsuit could potentially cover them.
Filing Both Claims
You can file both a lawsuit and a Workers’ comp claim. Any damages that are covered under both might need to be paid back to the employer/insurance carrier, but you can still recover through both systems.
Suing Third Parties
You cannot typically sue your employer for a work-related fall, but you can sue third parties. This might mean suing
- Property owners
- Negligent parties responsible for scaffolding
- Owners of dangerous property
- Manufacturers of defective scaffolding, ladders, harnesses, and safety lines.
Proving Fault
In a Workers’ Comp claim, you can get damages paid regardless of fault. In a lawsuit, you need to prove the third party was responsible for your injuries.
This requires showing four elements:
- They owed you a legal duty.
- They breached that duty.
- That breach caused your fall.
- Your fall resulted in injuries and damages you can sue for.
FAQs for Falls at Work
What Should I Do After a Fall at Work?
After any injury at work, go directly to the hospital and get the care you need. Follow through with any recommendations; your employer should cover the care costs if the injury was work-related.
Then, report your injuries to your employer within 21 days of the accident (120 at the latest) and call a Pennsylvania Workers’ Comp lawyer.
Can Workers’ Comp Cover My Case?
Falls at work are routinely covered under Workers’ Comp. This is a no-fault system that covers injured workers when their accidents happen in the course of their job.
What Does Workers’ Comp Pay?
Workers’ Comp pays three major areas of benefits:
- Medical benefits to cover all care costs
- Wage-loss benefits to cover 2/3 of your lost wages, up to certain limits
- Specific loss benefits to pay additional benefits for permanent amputation, lost function, lost hearing, lost vision, and facial scars.
This leaves out pain and suffering and other damages, but you may also be able to sue for them if a third party was responsible for your injuries (i.e., someone other than your employer).
How Long Do I Have to File?
Workers typically need to report injuries within 21 days, but you can still file a claim as long as you report the injury within 120 days of the accident.
If your claim is denied, you must file a Claim Petition within 3 years of the initial injury.
Do I Need to Prove an OSHA Violation?
Workers’ Comp can cover injuries caused by all sorts of mistakes or violations, but a violation is not required. Workers’ Comp can cover both complete accidents that might not have been preventable and preventable accidents caused by OSHA violations.
Call Our Workers’ Comp Lawyers in Pennsylvania for Help
Call Cardamone Law’s Philadelphia Workers’ Comp lawyers at (267) 651-7945 today.
