Every day, workers are injured on the job or become ill from exposure to harmful substances in the workplace. Sometimes it is not easy to link an injury or illness to the workplace, complicating efforts to receive workers’ compensation benefits. If you are a Pennsylvania worker and have suffered an injury or illness, you should have a basic understanding of the workers’ compensation laws relating to the “course and scope of employment.” These are the laws that determine whether you are entitled to workers’ compensation benefits.
What Does the Law Say in Pennsylvania?
The Pennsylvania Workers’ Compensation Act is the governing law for issues related to workplace injuries.
Section 301(c)(1) of the law states:
The terms “injury” and “personal injury,” as used in this act, shall be construed to mean an injury to an employee, regardless of his previous physical condition, arising in the course of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury; and wherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from such injury and its resultant effects, and occurring within three hundred weeks after the injury…
What Does the Law Mean?
The law goes on to discuss what is meant by “arising in the course of his employment and related thereto.” Although each workers’ compensation claim presents a unique set of facts and circumstances, there are some general guidelines based on the law and court rulings.
Among them:
- An injury does not have to occur on the employer’s premises to be compensable.
- Acts of a third party intended to harm an employee for personal reasons (not related to the worker’s position as an employee) are not compensable.
- A motor vehicle crash may be compensable but not if the employee was outside the course of employment even if the vehicle was a company vehicle.
- An injury may be compensable if caused by the condition of the premises even if the employee was not actually working at the time but his or her presence was required on the premises by the employer at the time of the accident.
If you are a Pennsylvania worker and have suffered an injury or illness that you believe may qualify for workers’ compensation benefits you owe it to yourself and your family to have your case evaluated by an Worker’s Compensation. If you have questions or concerns about your legal rights to compensation, contact Shor & Levin, the Bulldog Lawyers, by calling 855-860-8548 or by using our Worker’s Compensation.
