As plaintiff lawyers, we are familiar with the plight of the innocent victim following an injury. We regularly have conversations where an injured individual is forced to remortgage a home or sell property for financial support. Many times, they are stuck standing by as their family attempts to go on with a normal life, while everything has changed.
The Pennsylvania Constitution provides the fundamental right of legal redress, to every person who has suffered an injury at the hands of a negligent party. The right of a remedy is a legal linchpin of our state constitution, and often the most contentious. When the injury occurs at work, the Pennsylvania Workers’ Compensation Act (the act) compensates for lost wages and medical benefits; within a no-fault system. A hundred years ago, the act was enacted so that injured workers were guaranteed these workers’ compensation benefits, in exchange for giving up the right to sue their employer. A supposed grand bargain between employees and employers was struck for more certainty and a more expedited process of recovery than the tort system could provide to both parties.
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