The Subtle Yet Extended Reaches of Workers’ Compensation Laws

 

Look, I won’t treat you like a child by using some nitty gritty opening to grab your attention. I’ll treat you with the respect that you deserve and get straight to the point, that is, to show how crucial and far-reaching is the legislature for workers’ compensation.

While I hope that everyone who’s reading this article knows the rudimentary fact about workers’ compensation laws, it is not my belief. So, here are some of its basic concepts:

·       The Workers’ Compensation Act is a state-sanctioned legislature that enforces on an employer the duty to provide for lost wages and medical treatment to an employee who’s been in proximity to their work. The Act also protects the employee from being sued for negligence by an employee who’s claimed compensation benefits.

·       Workers’ compensation is officially mandated by the federal government; however, that program covers only federal employees, dockworkers, and coal miners. The rest of the country’s workforce falls under the jurisdiction of their respective state's Workers’ Compensation Acts.

·       The state’s Workers’ Compensation Act is administered by the state’s Workers’ Compensation Board. Any appeals to the Board’s decision are heard by the Workers’ Compensation Court; however, it’s up to the Board whether respect the WCC’s decision or not.

·       Any further disputes with the WCB’s decision are handled by the commonwealth’s court, which thankfully has the power to overrule the Board’s decision.

The Case

Having studied the law as a workers’ compensation attorney in Reading, PA, one would think I would’ve seen it all. However, even to this day, I’m often pleasantly surprised by the intricacies of the law and the ingeniousness of those who practice it. And on that note, we start with our first case, which explains better than any other the silent but far-reaching limits of the Workers’ Compensation Act.

Background

1.     The claimant (injured party) resigned from the job.

2.     After accepting the resignation, the employer instructed the claimant to clean out a truck before leaving.

3.     While cleaning out the truck, the claimant fell – resulting in an injury.

4.     Unable to work and afford medical bills, the claimant files for workers’ compensation.

5.     Both the WCB and WCJ, after arguing that the incident occurred after the claimant’s resignation, the claimant was not entitled to receive workers’ compensation.

Conclusion

Having no way out, the claimant proceeded to implore the commonwealth’s court on their situation. The court, after hearing arguments from both sides, concluded that the claimant was indeed entitled to compensation benefits. Here’s a summary of the court’s reasoning:

1.     Section 301(c) (1) of the state’s Workers’ Compensation Act includes the phrase “arising in the course of employment”.

2.     Representing the claimant, a workers’ compensation attorney from Reading, PA, argued that under the Constitution of the United States of America, judicial conclusions weren’t to be based on the word of the law but its spirit.

3.     Following from the argument,` the court concluded and interpreted the law, or rather this particular phrase, to say “injuries sustained in furtherance of the business affairs of the employer”.

4.     In summation, the situation was such that the claimant was in service to the employer. And was, therefore, entitled to receive compensation benefits.

Departing Advice

That’s it for our discussion; however, there is one last thing I’ll like to say i.e., hire a lawyer. Many a time – people get convinced that they can they’re capable of fighting their own legal battles. This, however, is a grave mistake – as one small mistake can result in the complete forfeiture of your dues. And don’t rely on appeals; they are rare. So, do it right the first time – that is, no matter how small a problem may seem, hire an attorney to sort it out.