The basis of our civil justice system is the ability to depose witnesses and subpoena relevant documents in order to prove a citizen’s claim. In fact, cross examination of a party is one of the foundations of our democracy. It is vital that a civil plaintiff have access to all avenues in the discovery process to uncover the facts surrounding his lawsuit. However, too often in the Pennsylvania workers’ compensation system, injured workers are denied access to full discovery and the fundamental right of cross examination of a party opponent.

Insurer v. Worker

When a worker is injured on the job, the adversary frequently becomes the insurer, not the employer. After all, it is the insurer that will ultimately have to pay the claim if the employer loses. Once an insurer is notified of a work injury, it has 21 days under the law to determine if a claim is compensable. Insurance adjusters make the initial decision to approve or deny a claim. The initial investigation usually involves interviewing the worker, obtaining witness statements and incident reports, and reviewing the worker’s medical records.