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The Law & You

Son Injured at Work | Employer Doesn’t Want Him to Use Workers Comp

The Law & You
May 20, 2020

The Law and You

Son Injured at Work | Employer Doesn’t Want Him to Use Workers Comp

Haley Bianco: It’s time now for the “Law & You – At Home.” Joining us today we have attorneys Ed Ciarimboli and Greg Fellerman, back for more legal fun! Great to see you both!

Ed Ciarimboli: Great to see you, Haley! How are you?

Haley: Hanging in there. Day by day over here. How about you guys?

Greg Fellerman: Good.

Ed: Well, we’re going to have a big “Law & You” party when this all breaks.

Haley: I think everyone’s on the same page with that. Absolutely. Well, we’re glad you guys can keep joining us virtually to answer our viewer questions like this one from Lee in Wilkes Barre. Lee says: “My son was injured at work and the employer doesn’t want my son to go through their worker’s compensation insurance carrier. I keep telling my son he should but he is not sure what to do. Any suggestions?”

Ed: Yeah. You got to go through the worker’s compensation carrier. It’s the law. I mean, unless the, for some reason unless the employer wants to pay out of pocket for his medical expenses and pay him out of pocket for his wages, but other then that, I mean, he has to go through, he has to go through the workers’ compensation carrier. The other reason he’s got to go through the comp carrier is if there’s any third party case, there could potentially be subrogation rights and a whole host of things. It’s really important to follow the law here and go through the third party, and go through the employer.

Greg: We see that a lot though. We actually see a lot of employers try to suggest that they don’t use a workers’ compensation system for fear there premiums will go up. But, you know, most carriers expect some claims and I honestly know they aren’t always punished for it. But, I mean, the right thing to do is go through the workers’ compensation. File the claim. Meet with your doctor. Do what you need to do and obviously, either or pick up the phone and give us a call so we can advise you and make sure you’re getting everything you’re entitled too under the act. So, I think it’s a fair question, and we do see that a lot.

Haley: Okay. Some great advice. And if you want some more, all you have to do is pick up the phone and give them a call or find them online and on social media. To submit questions to the “Law & You,” go to PAHomepage.com or give the hotline a call.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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