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Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

Work injuries happen every day on construction sites, sometimes from a falling object, a misstep on a ladder, or when a worker just lifts something the wrong way and suffers a severe back strain or disc herniation injury.

Because work injuries are so common in construction labor jobs, workers may be encouraged -- sometimes rather aggressively -- to think of an injury is no big deal, and perhaps to shrug it off or have it treated under their health insurance, so as to deprive the injured worker of their valuable legal rights under the Workers' Compensation Act. 

Meanwhile, employers in these high risk jobs often develop other ploys to try to avoid their obligations under the Pennsylvania Workers' Compensation Act -- with the most notorious ploy being that they pretend every worker is an "independent contractor" even when an employer-employee relationship clearly exists under the law, obligating the employer to provide protection when the employee suffers harm due to their work activity or a work-place injury.

This major abuse -- treating employees in the construction industry as independent contractors to avoid providing workers compensation protection, has been made illegal in Pennsylvania, pursuant to "the Construction Workplace Misclassification Act" (known as "Act 72" and incorporated into the Workers' Compensation Act for practical purposes), which took effect on February 10, 2011.

Under the law, if you are employed in construction, you cannot be classified as an "independant contractor" (and thus outside your employer's obligation to maintain workers compensation for an injury you may suffer) just because your employer says so or just because your employer pays you without withholding taxes.  In fact, you cannot be classified as an independent contractor unless you meet all three of these tests:

1. You must have a written contract for the performance of construction services with the business or person for whom you are performing work.

2. You must be free from control or direction over the performance of these services AND

3. You must be customarily engaged in an independently established trade, occupation, profession or business.

This third test is tough, and can only be met if:

  • You possess your own tools essential to performing the services (and you are NOT dependant on using the tools of the business or individual for whom you perform services)
  • You must realize a profit or suffer a loss for the project (not merely earn a wage or payment regardless of profit or loss on the project)
  • You must have a proprietary interest in your business
  • You must have your own business location, separate from the business or person you work for
  •  You must have a history of independently peforming the same services for others, or have held yourself out as available to perform these services for others
  •  You must maintain liability insurance of at least $50,000 during the term of the contract
If you are not truly an "independent contractor" under the above standards, YOU ARE AN EMPLOYEE and ENTITLED TO WORKERS COMPENSATION PROTECTION from the party for whom you perform services.  And if your EMPLOYER does not maintain workers' compensation insurance coverage, they may be subject to sanctions for violation of Act 72 and/or failure to maintain insurance as required by law, and you WILL have recourse to the Pennsylvania "Uninsured Employers Guaranty Fund" (Pa. UEGF) to pay you benefits under the Workers' Compensation Act.

Note that Act 72 also prohibits your employer from retaliating against you if you exercise your rights under the law or if you make it known to others that your employer is not in compliance with the law.

Further, your employer cannot require or demand that you enter into any agreement, or sign any document, that results in improperly classifying you as an independent contractor.  In other words, even if your employer has insisted on a written agreement claiming you to be an independent contractor, this will not stand if the above requirements are not met so as to define you under the law as a true indepent contractor.  Your employer will not be able to point to such a contract or written agreement in trying to block you from pursuing a workers' compensation claim as an injured employee.

Finally, an employer may not intentionally contract with another employer knowing that the employer intends to misclassify employees.

Bottom line: if you have suffered a work injury while working for someone else on a construction job, even if the person you are working for has paid you as an independent contractor (and even if you agreed in writing to be treated as an independent contractor), you are entitled to the protection of the Workers Compensation Act, including a right to compensation for wage replacement if you are off work due to a work injury and compensation for medical billing for a construction job-related injury or a disease contracted as a result of your employment.

Call the Law Offices of Timothy Kennedy.  Your work injury gives you valuable rights!

(484) 453-8144

Philadelphia Suburbs:
90 S.Newtown Street Rd,
Newtown Square PA 19073
(610) 924-5667

1700 Market Street
Suite 1005
Philadelphia PA 19103
(215) 559-5003


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 and my unfortunate circumstances 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 services!

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, appreciate 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.
                - Workers Compensation Client

Mr. Kennedy was most informed concerning how to handle my workmans comp claim. Also...his staff was excellent in keeping me informed of negotiations. I can not say enough about Mr. Kennedy and his staff !!!
                  -Marvin (Workers Compensation Client)

When hiring a lawyer you need to be sure that they are knowledgeable,trustworthy,responsive and most of all have very strong confidence in their abilities to fight for your rights. Mr. Kennedy is one of the most confident people i know. He is determined and aggressive. I guess i can also say he is feared by others. Mr. Kennedy made me feel as we were friends by always keeping me informed and also asking me for my input as well as cared for my opinion. He told me that he would have no problem getting me the amount that i felt i deserved. He then said i will do better than that were gonna go high and mabey hit a homerun. When he called me with news of the final judgement i was shocked he said i not only hit a homerun for you, it was a grandslam. His work is so impressive he can be considered to be the best in PA.
                  -Jake (Workers Compensation Client)

Mr. Kennedy goes above and beyond to answer all questions and concerns and does so in an easy to understand manner. He worked very hard on my case as I'm sure he does on all of his cases. I am very pleased with the outcome of my case and would not hesitate to refer him to someone in need of his services. Thank you, Mr. Kennedy.
                   -Maria (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

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