Q: Thoughts on getting injured working for a subcontractor who's coverage didn't cover me
Contractor is from NJ and did not have workers comp covering me as a PA worker living and working in PA on a commercial project,policy only covered his NJ employees working in NJ or traveling,Claim was denied by insurance company due to this.
You think the best measure is going after the General contractor for not making sure they had the proper Insurance ? or file against the subcontractor for not having workers comp,lawsuit ? or file with the Guaranty Fund for employees without workers comp ? or a combination of 2 of these ? Thank you in advance for your time.
A:
I am sorry to hear about the injury that you sustained while working in Pennsylvania, for an Employer from New Jersey who apparently did not have out-of-state coverage for you.
Assuming that you did, in fact, sustain a work-related injury while working in the State of Pennsylvania and have missed time from work, as a result thereof, you would have the option of filing a Claim Petition against the Uninsured Employer Guarantee Fund (UEGF) and also possibly against the General Contractor as the "Statutory" Employer if the subcontractor, for whom you were working, did not have proper coverage in the State of Pennsylvania. Please note that there are time limits for filing the Claim against the UEGF once you have learned that your Employer did not have Workers Compensation Insurance in Pennsylvania.
It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies. The Initial Consultation will be Free of Charge and most Attorneys will accept your Case on a Contingent Fee Basis.
A: To properly answer your question, a full review of all of the facts including the injuries suffered and level of control asserted by the varies parties would be necessary. I strongly suggested that you contact a local workers' compensation attorney to fully review your claim.
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