Q: can I file a workman compensation or sue the employer what are my options
I was working on my part time job where the guy pays all his employees cash. I am a plumber while on the job a piece of pvc ricashaied into my right eye and reputed it the doctors said that I may not regain vision in the eye and I have numerous surgeries to try and save the eye because the lense on my eye was slit open. From the job that evening I drove home to my girlfriend and she took my to an urgent care facility and they referee me to the ER and they said it was a corneal abrasion and gave me erythromycin and sent me home. I then when to an optometrist the next day and he said sir I can't do anything for you you have to get surgery on the eye and it is very bad and he then referred my to Pittsburgh hospital so I went there immediately and when I arrived they said that the ER miss diagnosed that my lense protein was leaking out and they have to do surgery immediately because they have to stop the leaking and then they would have to do multiple surgeries to keep the eye stable befor
A:
I am sorry to hear about the horrific injury that you have sustained to your right eye.
In order for you to be eligible for Workers Compensation, you must be earning wages that are reportable to the IRS. If your Employer is essentially "paying you under the table" in order to avoid paying Payroll Taxes, you may not be eligible to file for Workers Compensation, and more than likely your Employer does not even have Workers Compensation Insurance.
If you are legitimately an "Independent Contractor" as opposed to an Employee whom your Employer treats as an independent contractor, you also may not be eligible for Workers Compensation Benefits.
If your Employer does not have Workers Compensation Insurance, you may be eligible to file a third-party lawsuit, depending upon the party responsible for the PVC causing injuries to your right eye. If the injury was due to your own negligence, I do not believe that you would have any third-party cause of action. If your Employer does have Workers Compensation Insurance, you cannot sue your Employer for injuries caused by either your Employer or any co-employee.
It is my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to discuss all of your rights and remedies.
A: Suggest you contact attorney Jason Matzus. May not be a case here but I'm looking at the doc in the box for one; then possible to sue the employer if he doesn't want you in the comp system. Jason gives free consults. Feel free to use my name.
A: You definitely have a potential workers' compensation claim. The fact that you were working for cash will complicate the claim. I would suggest that you contact a local workers' compensation lawyer as soon as possible.
A: This is a clear workers compensation case. You need to speak to an experienced workers compensation attorney as soon as possible. I highly recommend Marla Joseph who can be reached at 2215-884-6664, or workcompa.com. Andrew Abramson
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