I Had a Work Related Injury But My Employer is Not Insured
A few times a year we meet clients who have sustained work related injuries, but their Employer does not have Pennsylvania Workers’ Compensation Insurance. Under Pennsylvania law, Employers are generally required to purchase Pennsylvania Workers’ Compensation Insurance, however, if they don’t, you could still be eligible for Pennsylvania workers’ compensation benefits. Act 147 which amended the Pennsylvania Workers’ Compensation Act, created an Uninsured Employer Guarantee Fund (Guaranty Fund) which allows injured employees of uninsured Employers to still collect benefits. See 77 P.S. Section 2701 and 34 Pa. Code Section 123.801 et seq. If you find yourself in that predicament, you should be aware there are some additional requirements you must satisfy in order to pursue a claim against the Guaranty Fund. Most importantly, you must act quickly to preserve your right to pursue a claim against the Guaranty Fund. For insured Employers, if a workers’ compensation claim is denied, a Claimant generally has three years to file a claim petition from date of injury, however, if your Employer is uninsured, the Fund requires that you “notify” the Fund within 45 days from the date upon which you learned that the Employer was not insured. The Claimant is also required to file a Claim Petition for Benefits from the Fund 21 days after filing the Notice to the Fund.
If you have been injured and you suspect that your Employer may not have Workers’ Compensation insurance, you should speak with an experienced Pennsylvania workers’ compensation attorney to determine your options as soon as possible.