Workers’ Compensation Lawyers – Free Case Review

workers compensation attorney
Date: August 28, 2023

If you’re injured on the job in Pennsylvania, you may be entitled to Workers’ Compensation benefits. In order to establish a valid claim for benefits in a Pennsylvania workers compensation case, the injured workers bear the burden of establishing the following:

-an employment relationship

-an injury

-that the injury occurred in the course and scope of employment

– a causal relationship between the injury and the employment

– that the injury results in disability or death

– there must also be valid Pennsylvania jurisdiction

   To prove that you are “disabled” in a workers compensation case requires competent unequivocal medical testimony. The medical evidence must establish that the employee is unable of performing the time-of-injury job. The medical opinion evidence must be rendered within a reasonable degree of medical certainty and must consider the facts and circumstances of the case.

   However, certain types and classes of work injuries are excluded from coverage under the Pennsylvania Workers Compensation Act. These include intentionally self-inflicted injuries, injury or death caused by the employers violation of law (this includes the illegal use of drugs with the burden being on the employer to establish (1) the illegal use of drugs and (2) that the illegal use of drugs caused the injury), injury or death caused by the employee’s violation of a positive order, “personal animosity injuries” (injury caused by the act of a 3rd party intending to injure an employee because of reasons personal to the 3rd party and not directed against the employee because of the employment), and injuries caused by the employee’s intoxication. In such cases, the employer can assert these defenses. If the defense is proven, benefits will be denied.

Skilled Representation from Pennsylvania Workers’ Comp Lawyers!

If you’ve suffered a work injury and have questions about your claim, email me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.