In Pittsburgh, when you’ve been hurt due to someone else’s negligence, trust Munley Law to handle your case with care and professionalism, ensuring you get the justice and compensation you deserve.

Workplace Fatalities and Workers’ Compensation Nonsubscribers

Many people assume that if they are injured at work, workers’ compensation will cover their injuries, and that will be the end of it. This is often true and no other action is required by the injured party. However, Pennsylvania is one of the few states that do not require their employers to subscribe to workers’ compensation insurance programs, leaving individuals who are injured on the job of a non subscriber to their own devices for recovery. While the advantage to this is that there may be a bigger recovery at the end of the procedure, the bad thing is that it will require you to have a long path to recovery. The attorneys at Our Law Office want to help you down this path; we have extensive experience in assisting workers injured while working for non-subscribers and can help you get the recovery that you deserve.
More information here

Remedies Against Nonsubscribers

There are several steps on your path to recovery for the death of your loved one from a non-subscribing employer. The first step is to show that the employer was negligent. The employer will likely try to escape liability by claiming that the deceased party was partly at fault for the accident. Common tactics used by employers are claiming that the deceased was contributorily negligent or that they assumed the risk. The attorneys for the employer will try to show that the deceased was at fault in every way possible or show that they were acting outside the scope of their employment; you need representation that will show the truth and make sure that you are rightfully compensated for the death of your loved one.

Damages From Nonsubscribers

There are two types of damages in a wrongful death case: punitive and remedial. Each type of damage has a distinct reason for being awarded.

Remedial
Remedial damages are awarded based on the loss that you have suffered as a result of your loved one’s death. The purpose is to try to compensate you for what you would have available if no death had occurred. Factors that are considered when determining the amount of damages are the deceased’s income at the time of death, their future potential earnings, age, and the number of dependents they had.

Punitive
Punitive damages are not based on your loss; rather, they are damages awarded to punish the wrongful acting party. The intention of punitive damages is to punish the employer for their wrongdoing or culture of wrongdoing. Punitive damages, when awarded, are generally large. However, courts tend to shy away from awarding these damages absent gross negligence or lack of care for human life.

Pre-Injury Waivers

A rather new development when it comes to nonsubscriber protection is pre-injury waivers. The Pennsylvania Supreme Court ruled that employers could ask their employees to waive liability if the employer has an alternative program to workers’ compensation. These pre-injury waivers should never be signed without the advice of an attorney. Many times, these are used by employers to relieve them of liability, and the benefits for the employee are minimal. When you sign a waiver you will be giving up all your common law remedies for injury recovery, which includes prohibiting you from filing a lawsuit for recovery of damages for the death of your loved one.

If you have had a loved one injured, you will need the assistance of an experienced attorney who can get you the recovery that you deserve. The attorneys of Our Law Office are here to ensure that you get the maximum amount of damages.

We have over 20 years of personal injury and trial experience, and we can help you through this time of loss. Call us today to schedule your free consultation.