Pittsburgh, PA asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania

Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

7 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost earnings. However, you might have to sue to get that.

Tim Akpinar , Glenn Neiman and Nathaniel Byron Smith agree with this answer

Glenn Neiman
Glenn Neiman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: When injuries happen at the workplace, even if you are not on the clock, often you are still covered by workers' compensation laws. You should talk to an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, so you can see what options you have. We do not have enough information to be able to tell you much at this point - such as why you were at the workplace, but off the clock (ie: were you off that day, just on lunch break, etc). Good luck!

Nathaniel Byron Smith and Tim Akpinar agree with this answer

Nathaniel Byron Smith
Nathaniel Byron Smith
Answered
  • Altoona, PA
  • Licensed in Pennsylvania

A: If you were "not on the clock", what were you doing? We you on the clock during the same day before and/or after the incident occurred? This is something that needs to be analyzed by an experienced worker's compensation attorney. Please contact someone at once.

Tim Akpinar agrees with this answer

Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: No but if you make a claim against the property owner you can claim lost wages if they were negligent in maintaining their property.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: As a general matter, liability insurance should cover all reasonable losses sustained by an injured claimant. The full scope and money limits of any liability policy would be found in its terms. Therefore, without seeing the policy, it is only possible to comment as to the general operation of liability policies. But they are intended to cover all reasonable losses as a general matter - pain and suffering, lost wages, medical expenses, property damage, and other related damages. In addition, Mr. Scoblionko and Mr. Neiman raise an important issue as to the operation of workers' compensation insurance, distinguishing your situation from an ordinary personal injury matter. I agree with their recommendations to consult with a workers' compensation attorney. Good luck

Tim Akpinar

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: I agree with Ms. Tarasi and Mr. Smith as well, who posted in the interim during which I only saw the first two posts here.

Tim Akpinar

Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: This may be a workers' compensation claim despite the fact that you were not on the clock. It would depend on why you were at the facility at the time of the accident. Since workers' compensation pays both wage loss and medical, I would suggest that you call a workers' compensation attorney first to determine whether or not you have a workers' compensation claim.

Tim Akpinar agrees with this answer

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