I dont know what happened there but some of my last post got cut off. I had written after I seen your post I went back through all of the posts again. I did not see the second post at first. In the first one it only said on the property not sidewalk. And I know in PA Verizon only contracts UG.
But with that said, this is still a classic case of workers comp. He meets all of the requirments for it. If you work in PA, and do not specifically sign a waiver of workers comp, the prime is responsible to provide it for you. And the workers comp judges in PA are brutal against the employer. So, in my opinion, Matt should contact the state at Labor and Industry and let them know the details and they can compell the business to file the claim and let the insurance co figure it out, but they cannot deny him the ability to file a claim. Hell, you are supposed to post a sign for all workers to see with the info to contact the Ins co to begin with by law.
The civil courts require a lawyer for over 10 grand, filing fees for every step with the courts and a 1 to 2 years wait to see a judge. And anyone who has had ortho surgery spent that much being wheeled through the door to the OR. Workers comp on the other hand, if the Ins co denies coverage, the state offers a mandatory appeal to the state. Most cases appealed involve 'soft tissue' injuries ie back strain or when the insurance co says you are healed enough to go back to work, which is why they get lawyers. There is no way to deny a fractured patella. The comp judge would eat the ins co's lunch. I have seen it before, you almost have to admit you are lying to be denied coverage.
Re: injury
Member #: 61931
Registered: 9/16/2008
Posted:
963
Occupation:
Tower Contractor
Location:
PA
Personal:
mid 50s
Experience:
~37 years
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