Previous postings in this blog have discussed how, at times, the workers'
compensation claim process can be complicated, causing a delay in the
receipt of compensation for the injured employee. A U-Haul employee that was
injured at work has found himself in this very situation as he awaits compensation for
The man was injured on March 1, 2012 when a falling crane at a U-Haul factory
in Pennsylvania fell on him. At the time of the man's injuries, he
states that he was an employee of Falls Manufacturing, which is a division
of U-Haul co. The man filed a lawsuit claiming negligence on behalf of
four companies. U-Haul is contesting the validity of the lawsuit.
U-Haul believes that under the "borrowed servant" doctrine, the
man should not be able to recover outside of his workers' compensation
benefits. The company claims that the man was actually an employee of
a temporary staffing agent at the time of the injury, and, under the borrowed
servant doctrine, the Pennsylvania Workers' Compensation Act should
provide the sole means of recovery for a work-related injury. According
to this theory advanced by U-Haul, the man was a borrowed servant from
the temporary staffing agency, and U-Haul is, therefore, protected from
litigation, and was fraudulently joined into the lawsuit.
Pennsylvania's workers' compensation laws were created to protect
both employers and employees. When an individual suffers from a work-related
injury, they can file a claim for workers' compensation. If their
claim is successful, they can be compensated for expenses associated with
their injury. The most common financial obligation that arises after an
injury is medical expenses.
When an employee is injured on the job, it is important to initiate the
workers' compensation process as soon as possible. It may take some
time to actually receive compensation, and that can make it difficult
to cover expenses until the workers' compensation benefits arrive.
Source: The Pennsylvania Record, "U-Haul lawyers petition to transfer Phila. workplace injury suit to federal court," John Campisi, Feb. 22, 2013.