In a recent decision, the Pennsylvania Appellate Courts upheld the provisions of the PA Workers' Comp Act that were put in place to protect injured workers and to encourage people helping people. In the Pipeline Sys. v. WCAB case, the Commonwealth Court issued a decision that encourages helping co-employees in need.
In this matter, the injured worker initially was installing pipeline in a factory. He suddenly heard cries for help 30 feet away from a co-employee who had fallen down a hole in the floor. The injured worker rushed over and down a ladder into the hole to help his co-worker. Unfortunately in the midst of providing assistance, he injured himself. His employer and their workers' compensation insurance company denied his claim for benefits, because they alleged that he was not in the course and scope of his job duties when he was hurt. They actually argued that helping another co-worker in need was not in furtherance of the employer's mission!
The PA Workers Compensation Judge and also the PA Commonwealth Court however, properly protected this injured worker as is proper under the law. The PA Workers Comp Act has a specific provision to protect workers in the exact situation.(Section 601(a)(10)) It states that that an employee who goes to the aid of another person while otherwise in the course and scope of his employment is considered to be in the course of employment while aiding the person and thus entitled to workers compensation benefits.
We here at Abrahamsen, Conaboy, and Abrahamsen fight for our clients. We make sure that our clients are protected under the law, even when the insurance companies want to go around the law. The insurance industry will fight against the injured worker on all fronts. Let ACA Law fight back for you! Call us today for a free consultation.