CLAIMS AGAINST UNINSURED EMPLOYERS

An employee who suffers a work injury while working for an employer uninsured for workers' compensation has the right to file a claim against the Uninsured Employers Guaranty Fund ("UEGF").  Securing that right is critically important because the UEGF is required to pay workers' compensation benefits when the uninsured employer does not.  In order to secure the right to file a claim against the UEGF, the injured worker must be aware of certain time limitations.

In particular, Pennsylvania law requires the injured worker to notify the UEGF within forty-five (45) days after the worker "knew that the employer was uninsured." (77 P.S. § 2703(b)).  The Commonwealth Court recently held it is possible a worker may know his or her employer is uninsured even before receiving written confirmation of the employer's uninsured status.  (Pennsylvania Uninsured Employers Guaranty Fund v. W.C.A.B (Lyle and Walt & Al's Auto & Towing Service), No. 1421 C.D. 2013, 2014 Pa. Commw. LEXIS 263 (Pa. Commw. May 12, 2014)).  The court held that determining the date on which a worker "knew that the employer was uninsured" depends upon the facts of the case.

An uninsured employer often times advises the injured worker to simply submit all medical bills directly to the uninsured employer rather than to an insurance company.  Sometimes, the uninsured employer tells the injured worker to submit medical bills to its general liability insurance company rather than to its workers' compensation insurance company.  In some instances, the uninsured employer actually advises the injured worker that it is or may be uninsured for workers' compensation.  Rarely, if ever, will the uninsured employer tell the injured worker of the forty-five-day notification requirement.

In light of the above, never fall into the trap of simply following an uninsured employer's directives and assurances when it comes to reporting and processing your workers' compensation claim.  Instead, if you are injured on the job and have any inkling your employer might be uninsured for workers' compensation, you should contact our law firm (412-288-6000) immediately to make sure any rights you have are preserved.