Claims for workplace injuries are often complex. There may be multiple potential parties you could blame for the accident, but the law might limit who you can actually sue and what compensation you can get from your employer.
In most workplace injury cases, you may be entitled to file for benefits from your employer’s insurance, but these only cover 2/3 of lost wages and fail to pay for any pain and suffering damages. If you instead file your lawsuit against a third-party defendant, you can potentially recover full damages and pain and suffering. Our attorneys can guide you through the process of suing, stand up for you every step of the way, and advise you on how best to proceed.
For a free case review, contact The Reiff Law Firm’s workplace injury attorneys at (215) 709-6940 today.
Getting Damages for a Workplace Injury in Pennsylvania
Pennsylvania, like most states, put in place a Workers’ Compensation system to reimburse workers for injuries without the need to prove fault. However, this insurance setup also blocks people from suing their employer after an accident, potentially leaving them with reduced damages from insurance. That insurance system pays for medical bills, but it only covers 2/3 of lost wages and pays nothing for pain and suffering. However, our workplace injury attorneys can potentially help you find an alternate party to sue for your injuries, potentially getting you full damages for your injury.
If your employer or coworkers caused your accident – or if you were the one who actually caused your own injuries – then you cannot sue them. The law blocks lawsuits against employers in most cases, including for a coworker’s conduct. However, you may still be able to sue your employer directly if they failed to carry the insurance they needed or if they injured you intentionally.
If someone outside the chain of employment caused your injuries, however, you can potentially sue them and get full compensation. For example, if you were hit by a car while working roadside construction, that driver could be held responsible for 100% of your damages. Similarly, if you were assaulted by a patient while working as a nurse, if a vendor dropped a box of product on top of you at a loading dock, or if a manufacturer of safety equipment produced a defective piece of gear that injured you, these parties could be liable instead of an employer.
Another common way that workers can sue for injuries at work is if they are an independent contractor. Contractors are not “employees” and can often sue the owner of the property where they worked or the client that hired them, depending on the terms of your contract and the circumstances of the accident.
Common Workplace Injuries in Pennsylvania
Workers across the Commonwealth do all kinds of work in all kinds of settings and circumstances. However, the following four areas of injuries are the “Big Four” or “Fatal Four” injuries that OSHA tracks as some of the most common injuries and most serious to avoid:
Falls from Heights
Falling down in a slip and fall or trip and fall can lead to serious injuries, but accidents are often more serious when a worker falls off a ladder/scaffolding, off the back of a truck, or off a catwalk. These injuries can result in serious back and spinal injuries, broken limbs, head injuries, brain injuries, and more, potentially resulting in months or years of lost wages or permanent disability. Falls from heights can often affect contractors if the premises they were working on were unsafe for them and the property owner/client did not adequately warn them.
“Struck-By” Injuries
Getting hit by other objects is another major cause of injury. Whether this means being hit by a moving vehicle, by a swinging piece of machinery, by dropped/falling debris, or by any other moving objects, these injuries are somewhat common. Typically, we can look to someone else’s lack of attention or skill in operating a vehicle, a crane, or a forklift, or even their lack of attention to where they are dropping or leaving debris or tools. These injuries can similarly result in concussions and brain injuries, as well as other traumatic injuries. These accidents often fall into the category of third-party injury claims, especially if you were hit by a driver who did not work with you, as in the case of a roadside construction crew.
“Caught-In/Between” Injuries
Being pinned or stuck in machinery is another common cause of injury. Whether this means being backed against a wall by a forklift or having a sleeve – and eventually your arm – caught in moving machinery, the results of these injuries can be quite deadly. If you survived the accident, it is possible you faced amputation, crush injuries, and other permanent or disabling injuries.
Electrocution
While electricians might be the workers who seem most likely to be injured by electrocution accidents, other workers in all sorts of jobs – especially construction – are injured by electrocution at high rates as well. There are many ways to prevent these injuries, but if an on-site electrician failed to keep other workers safe, it is possible you might have a claim against them.
Other Injuries
Despite these four injuries being commonly tracked, it is also quite common in some industries to face injuries from lifting and carrying, from driving accidents, from workplace violence/assault, and from other causes. No matter how common or rare the type of injury you faced at work might be, our lawyers can help you seek compensation for the injuries against the parties that hurt you.
Damages for Injured Workers in Pennsylvania
As mentioned, insurance might cover only 2/3 of your lost wages plus benefits for medical care costs. In a lawsuit, you can potentially get 100% of lost wages as well as medical coverage, and you can claim additional damages for the emotional distress, pain and suffering, and mental anguish the injury caused you. You can also claim other incidental costs, like home care costs, childcare needs, and property damage.
Call Our Workplace Injury Attorneys in Pennsylvania Today
For help with a lawsuit after a workplace injury, contact The Reiff Law Firm’s workplace injury lawyers at (215) 709-6940.
