Do You Need an Attorney?
Working in a physical environment can be rewarding, but it can also come with a certain level of risk. It is not uncommon for workers to get injured on the job, from minor incidents such as slips and falls to serious injuries that may require surgery or a long recovery time and physical therapy. Additionally, suffering a workplace injury can affect your ability to perform your job duties, threatening your employment and financial stability. Even if you make a full recovery, you may be required to take extensive time off of work.
If you have been injured while working, you probably have many questions. In many cases, workplace injuries and accidents may require filing a workers’ compensation claim, or depending on the particular circumstances of your accident, a third-party personal injury lawsuit. With all this in mind, it is regularly recommended that injured workers seek legal advice to ensure that their rights are protected and that they receive the full compensation they deserve.
Below we review the different options when it comes to seeking needed compensation after a workplace accident, including filing slip and fall or premises liability claims, as well as workers’ compensation options.
Workplace Injuries & Workers Compensation Claims
When a worker is injured on the job, they are typically eligible for workers’ compensation benefits. These benefits can include medical treatment, temporary disability payments, permanent disability payments, and more. Workers’ compensation benefits are incredibly important when it comes to ensuring that injured Pennsylvania workers receive the care and compensation they need after a workplace injury.
However, workers’ compensation benefits have some limitations. For example, the types of compensation you are entitled to are more limited than in a traditional personal injury lawsuit. Furthermore, there are situations in which filing a workers’ compensation claim limits your ability to file a lawsuit against your company.
It is also not uncommon for people to struggle with insurance companies when filing their workers’ comp claims. Insurance companies are notorious for denying claims and keeping people from being able to access the benefits they desperately need and to which they are entitled.
With all this in mind, it is highly recommended that you consult with a personal injury lawyer for guidance on your case if you were injured on the job, whether on- or off-site. A personal injury lawyer can review all of the facts of your case to determine if there are other avenues available to seek additional financial resources beyond what is offered through workers’ compensation.
Third-Party Personal Injury Claims
When someone is injured while working, determining liability can be a complicated process. This is because there are many situations in which multiple parties share liability, some of which may be your employer, coworkers, or a third party not affiliated with your place of work. For example, suppose you were injured in a car accident while making a delivery for work. Another driver and the manufacturer of the brakes on your truck may share the responsibility and liability for your accident.
Common examples of liable parties in work injury cases include:
- Parts manufacturers
- Vehicle manufacturers
- Municipal governments
Understanding your options regarding third-party personal injury claims is important. A personal injury claim can potentially result in additional financial compensation on top of what is provided through workers’ compensation. This additional compensation can help to cover a wide range of accident-associated costs. Additionally, it is worth noting that by bringing a third-party claim, there is an opportunity to hold the negligent party accountable for their actions and prevent others from being put in a similar situation in the future.
Slip, Trip, and Fall Accidents
Some of the most common third-party work injury claims are those associated with premises liability cases and slip, trip, and fall accidents. If you have been injured on someone else’s property while performing your job duties, there may be an opportunity for additional compensation through filing a third-party premises liability case. Property owners have a responsibility to keep their property reasonably safe for visitors. This means that if the property owner was negligent in maintaining their premises, they might be held accountable for any damages or injuries resulting from an accident on their property.
Why It Is Worth Consulting with an Attorney
Consulting with an attorney after a workplace accident is always important. An experienced lawyer can assess the situation and help you determine whether pursuing a workers’ compensation claim or a personal injury lawsuit is the right approach. An attorney can also assist in calculating appropriate damages, negotiating settlements, and navigating any legal obstacles that arise during the process.
By filing a personal injury claim, the injured party may be able to recover compensation for:
- Medical expenses
- Rehabilitation costs
- Physical therapy expenses
- Occupational therapy
- Occupational equipment
- Chronic pain
- Emotional pain and suffering
- Lost wages
- Lost earning capacity
Furthermore, they may be able to identify additional parties that could be held liable for your injuries, such as subcontractors or outside entities that had some responsibility for your health and safety at the time of the accident. In short, experienced counsel can provide invaluable advice and guidance throughout proceedings, ensuring that your case is handled properly from start to finish.
At Ginsburg & Associates, we are not only highly knowledgeable of personal injury and workers’ comp laws, but other workers’ compensation firms routinely ask us to consult on difficult cases. If you are injured on the job, don’t hesitate to call Attorney Bruce Ginsburg for help. We never charge for your initial phone call or email. And we only get paid if we take your case and recover for you.