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Financially Insolvent? You Still Have to Pay Injured Employees

August 18, 2017 by mockingbird4

If you become injured on the job, your employer is legally required to report your injury to their workers’ compensation insurance company and ensure that you get the benefits to which you are entitled. Earlier this year, a Pennsylvania construction company failed to pay its employees workers’ compensation benefits, citing financial troubles. Unsurprisingly, the Commonwealth Court ruled against the employer back in June.

The Original Claim

Keith Begly worked for CMR Construction and became injured at work in 2014. He submitted a workers’ compensation claim but did not receive any disability benefits. He took his employer to court and a judge ruled in his favor. Unfortunately, his employer cited insolvency and did not reimburse Begly for his missed benefits. Three years later, Begly was still fighting for compensation. Finally, in June of 2017, he had his day in court.

The Case

It turns out that CMR Construction was indeed having money trouble and had neglected to purchase workers’ compensation insurance for its out-of-state employees (CMR is based in Texas). CMR wanted the Pennsylvania workers’ compensation fund to cover the benefits it owes Begly, but presiding Judge Patricia A. McCullough correctly pointed out that this is not what that fund is intended to do. It is designed to fill in the gaps, not absolve a company from carrying valid workers’ compensation insurance.

The Ruling

In her ruling, McCullough said, “Employer misconstrues the intent behind the creation of the fund. While employer correctly noted that the establishment of the fund created a third party that would be responsible for the payment of claims, it was created to protect an injured worker and his right to be compensated for work-related injuries. The fund was not created to protect the uninsured employer or otherwise shield such an employer from its obligations under the act.”

Quality Representation is Paramount

Begly and his legal team were able to get a win out of this case, which goes to show just how important it is to retain an experienced and accomplished workers’ compensation attorney in the event of legal trouble. The Law Offices of Hall and Copetas help Pittsburgh employees stand up for their rights and get the compensation benefits to which they are entitled. Contact our firm today to schedule a free consultation with a tenacious workers’ compensation attorney.

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