Munley Law is your trusted local law firm in Pittsburgh, dedicated to providing expert legal representation to personal injury victims and helping you get the justice you deserve.
Employers Who Do Not Subscribe to Texas’ Workers’ Compensation Insurance Have Only a Few Available Defenses to Skirt Liability
Not all employers in PA subscribe to workers’ compensation and those that don’t are referred to as nonsubscribers. Our legislature has created laws that encourage employers to subscribe to the state-run workers’ comp program and when an employer chooses not to they may face certain difficulties when asserting a claim against you. The primary advantage to you as an injured worker is that your non-subscribing employer is limited in their defenses against you. This article will discuss the defenses they are allowed to plead and their attempts to limit your chances of obtaining compensation. More information here
One defense they can use is that the employee intentionally caused his injury. If an employee tried to hurt themselves to gain benefits, the employer is clearly not liable. This means if you intentionally dropped a large, heavy object on your foot, crushing it, then your employer is not responsible for your resulting medical bills and lost wages. An employer, even if they are not protected under a subscriber status, is only responsible for injuries that result from the company’s negligence. If you intentionally injure yourself, you have absolutely no claim for damages.
If the employee was intoxicated, they would not have a valid claim for their injuries. In Pennsylvania, intoxicated generally means under the influence. This means if you have consumed alcohol, cocaine, marijuana, or anything that is deemed to impair your judgment and physical capabilities.
For example, say you work for a construction company driving large vehicles like a bulldozer. If you consume alcohol while on your lunch break and then operate heavy machinery, you could easily be injured due to your impairment, even if you are not above the legal limit. If you have consumed any alcohol, your judgment and capabilities can be considered impaired, and your employer will not be responsible for your injuries that were the result of your intoxication.
You also may be prevented from having a valid claim if you entered into an enforceable post-injury liability waiver. Employees can sign these forms after their accident to receive medical benefits and payment for their treatment from a non-subscribing employer. If you have signed one of these waivers, you may be prevented from filing a claim against your non-subscribing employer for further damages. However, it is important to note that not all of these contracts are enforceable. You must speak with one of our knowledgeable personal injury attorneys to assess whether your post-injury liability waiver is an enforceable contract in order to determine whether this can legitimately be used as a defense by your employer.
Lastly, the defense is derived in the form of an inferential rebuttal known as the sole proximate cause. Essentially, the employee was solely responsible for their own injury due to their own carelessness and the employer did nothing wrong. In this instance, even though you may have been injured while working, your injury was in no way the employer's or another employee's fault. As a result, your employer cannot be held liable for your damages. Sometimes people are simply careless or clumsy and they are injured due to no one else’s fault but their own. The court recognizes that it would be illogical and unjust to sue another person for your own negligence or carelessness, and this is commonly cited as a defense for non-subscribing employers.
Even though non-subscribing employers are limited in the defenses they can use against you, they still have a great deal to work with. Most nonsubscribers mainly rely on the sole proximate cause defense. They will use this allegation to the best of their ability, which often means attacking you personally. They will research your past, question co-workers, and resort to the worst kind of character assassination to deflect blame. If you have been injured while on the job and your employer is a non-subscriber, they would likely use this tactic to reduce or completely eliminate their liability. You need the attorneys at Our Law Office to assist you with these defense attorneys' underhanded strategies. To learn more about how a nonsubscribing employer may try to attack your claim and to schedule a meeting with one of our skilled attorneys, contact Our Law Office.
