Moving companies tend to play fast and loose with the Workers' Compensation Laws.
If you are hired by a moving company, they may insist you are an "independent contractor" and pay you accordingly. But how you are paid does not determine whether you are, in fact, an independant contractor for purposes of the Workers' Compensation Act. If you go where your employer sends you, when they send you, use their equipment, work for only one moving company, have your hours set by the employer, work under the direction and control of the employer or meet other criterea that suggest you are employee rather than a truly independent, one-man moving company, your employer should have you covered under the Workers' Compensation Act.
Even if they don't -- and if they have treated you as an independant contractor its likely the main reason is that they don't want to have Workers' Compensation insurance -- you may have valuable rights under the Pennsylvania Workers Compensation Act.
In recent years the Pennsylvania Uninsured Employers' Guaranty Fund was created under the law to give injured workers a remedy under the Workers Compensation Act when an employer fails to maintain workers' compensation insurance for all employees, as they are required to do by law. If your employment status and a compensable injury occurring at in the course of that employment are established, you can get benefits from the UEGF the same as you would from an insurance company, and the Commonwealth of Pennsylvania will take action against your employer to overcome the lack of insurance coverage. This solution has its own pitfalls, and will not be available to true independent contractors in the moving industry, but it provides a workable source for benefits for many employees who suffer the kinds of serious injuries common among movers.
Now, if your employer has insurance, workers in the moving industry have their own special challenges. One that we see often is where an employer and their company-referred doctors force an injured worker to return to supposed "light duty" yet press the worker to work beyond their safe capacity. This can result in making a work injury far worse, not to mention other abuses attempted by employers -- such as firing the injured worker for imaginary "other causes" while the worker is struggling with a return to work.
If you have suffered an injury while working as an employee of a moving company, call us to discuss your situation, to learn about your rights, and to determine whether and how we might help you get the compensation you deserve. Call now: 484-453-8144.
CLIENT TESTIMONIALS:
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Current Workers Compensation Client
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144