Workers’ compensation is a system that reimburses employees for medical treatment and lost wages for work-related injuries and disease. Let’s use an episode of The Office to help break this down.
In the opening of the episode “Fun Run,” Michael Scott, the boss of The Office, is driving to work, describing all the good things in his life: “This is going to be a very good year. Very good. Jan is at home. Jim is back. My protege Ryan is at corporate. Good stuff. Um… Andy and Dwight are rockin’ the sales team. I feel very blessed.” [slams on breaks, camera turns, Meredith (one of his employees) rolls off the hood]
Shortly thereafter, we see this phone call between Michael and his former employee, Ryan, who now works at corporate headquarters:
Michael: So I need a little treat for the gang. Something to win their affections back.
Ryan: Back? Why is that Michael?
Michael: Well, I ran down Meredith in my car.
Ryan: Oh! Did you do this on purpose?
Michael: No, I was being negligent. But she’s in the hospital, she’s fine, recovering nicely. Tiny little crack in her pelvis. But she will be up in…
Ryan: Did this happen on company property?
Michael: Yes. It was on company property, with company property, so… double jeopardy, we are fine.
Ryan: I don’t think you understand how jeopardy works.
Michael: Oh, right, I’m sorry. What is: we are fine?
Ryan: [sigh]
As stated above, workers’ compensation reimburses employees for medical treatment and lost wages for work-related injuries and disease. In this episode, Meredith is injured, but could she have a workers’ comp claim? Well, it’s complicated, and the viewer is missing some crucial information. Whether or not a person has a valid workers’ comp claim depends on many factors, specific to their particular circumstances, which is one reason why you need an experienced workers’ comp attorney to analyze the situation with you.
If Meredith does have a workers’ compensation claim, what would that cover?
- Workers’ comp reimburses employees: Workers’ compensation is a system for employers to reimburse their employees. If you are an independent contractor, it would not apply. In this example, Meredith is clearly an employee.
- For work–related injuries and disease: In order to receive any benefits through the workers’ comp system, the employee must demonstrate that her injury or disease is “work-related.” This means the employee must have been injured during the course and scope of her employment. Whether or not something is work-related is very specific to each situation.
Was Meredith injured during the course and scope of her employment? Again, it’s not clear from the information we have. The injury occurred in the parking lot of the building where she works, probably as she was on her way into the office. Whether or not that is her employer’s premises is one thing that would need to be investigated further.Pennsylvania courts have found that the Workers’ Compensation Act was not intended to make employers liable for all injuries that take place on their premises. In other words, just because the injury took place on an employer’s premises doesn’t always mean they are responsible, and doesn’t mean the injured person is eligible for workers’ comp.
- For medical treatment: According to the Pennsylvania Department of Labor and Industry, if they qualify for workers’ comp, injured employees are entitled to the payment of related reasonable surgical and medical services rendered by a physician or other health care provider. Medicine, supplies, hospital treatment and services, orthopedic appliances and prostheses are also covered for as long as they are needed.
In our example, Michael brought Meredith to the hospital where she was diagnosed with a pelvis fracture. If she meets the requirements for workers’ comp, the costs of her treatment would be covered.
- And lost wages: Wage-loss benefits are equal to approximately two-thirds of the employee’s average weekly wage, up to a weekly maximum.
At a minimum, Meredith missed work on the day of the accident, and presumably for a period of time until she healed. She would qualify for lost wages benefits is she has a valid workers’ comp claim.
The example of Michael Scott hitting Meredith with his car shows how complicated a workers’ comp claim can be. You need an experienced attorney, like those at Aversa Linn, to help you determine if you are entitled to workers’ comp, and if you have any other recourse for an injury, illness or disease caused by your work.
If you have been injured at work or become ill because of work, contact Aversa & Linn. We will fight for you to hold all responsible parties accountable.
