For many Philadelphia residents, work often involves exposure to hazardous conditions. Whether you’re in construction, manufacturing, or another high-risk industry, workplace accidents can result in severe injuries, medical expenses, and lost wages. Understanding your rights and options after a workplace injury is crucial for protecting your future.
This guide explains what Pennsylvania employees should know about workplace injuries, the difference between workers' compensation and third party claims, and why hiring a personal injury attorney can make all the difference.
What Are Workplace Injuries?
Workplace injuries are injuries or illnesses that occur as a direct result of your job duties or work environment. These injuries range from minor incidents to life-changing accidents and can happen in any industry.
Common Types of Workplace Injuries:
- Falls from Heights: Frequently seen in construction jobs involving scaffolding or ladders.
- Repetitive Strain Injuries: Conditions like carpal tunnel syndrome from repetitive motions.
- Equipment Accidents: Injuries caused by heavy machinery or faulty equipment.
- Exposure to Harmful Substances: Illnesses from prolonged exposure to chemicals or toxic environments.
- Struck-by Incidents: Injuries from falling objects or being hit by moving equipment.
While these examples illustrate the diversity of workplace injuries, the underlying question for many workers is: What are my rights if I get hurt?
Your Rights Under Pennsylvania Workers’ Compensation Laws
Pennsylvania law requires most employers to provide workers’ compensation insurance to protect employees who suffer work-related injuries or illnesses. This no-fault system ensures that injured workers receive financial support for medical expenses, lost wages, and other related costs without needing to prove their employer was at fault. However, there are exceptions, and not all employers are required to carry workers’ compensation insurance under PA law.
Employers Not Required to Carry Workers’ Compensation Insurance:
- Sole Proprietors Without Employees: Sole proprietors or independent contractors with no employees are not required to have workers' compensation insurance.
- Agricultural Employers: Small agricultural operations with fewer than one full-time employee (or fewer than two employees working less than 30 days in a calendar year) may not be required to provide workers' comp coverage.
- Certain Domestic Workers: Employers of household employees, such as nannies or housekeepers, are not always required to carry workers’ compensation insurance, depending on the hours worked.
- Religious Organizations: Certain religious organizations and clergy members are exempt unless they choose to opt in to the system.
If your employer falls into one of these categories, you may not be eligible for workers’ compensation benefits. In such cases, it’s especially important to consult with a personal injury lawyer to explore alternative options, such as filing a third party claim or pursuing direct legal action against your employer for negligence.
Understanding your rights and whether your employer has the required insurance is essential for securing the compensation you’re seeking after a workplace injury.
Workers’ Compensation Benefits
- Medical Coverage: Pays for treatment related to the injury or illness.
- Wage Loss Benefits: Compensates for a portion of lost wages while you’re unable to work.
- Specific Loss Benefits: Provides compensation for permanent injuries, like the loss of a limb or vision.
- Death Benefits: Offers financial support to dependents if a workplace injury results in death.
While workers' comp is designed to be a no-fault system, navigating it can be complex. Employers or their insurers may dispute claims, delay payments, or argue that your injury isn’t work-related. That’s where a workers' compensation lawyer can step in to advocate for your rights.
When Is a Third Party Claim an Option?
In addition to workers’ compensation, injured employees may also have the right to file a third party claim if another party’s negligence contributed to their injury. This allows workers to seek compensation beyond the limits of workers’ comp.
What Is a Third Party Claim?
A third party claim is a lawsuit against someone other than your employer or co-workers whose negligence caused your workplace injury. Unlike workers’ compensation, which has capped benefits, a third party claim allows you to pursue damages for pain and suffering, which can significantly increase your compensation.
Unique Example: A Philadelphia electrician is injured when scaffolding collapses at a construction site. While workers’ comp covers their immediate medical bills and lost wages, an investigation reveals that the scaffolding was defective. The electrician can file a third party claim against the manufacturer of the faulty scaffolding for additional damages.
Workers’ Compensation vs. Third Party Claims: Which One Applies?
Many injured workers wonder whether they need to pursue workers’ compensation, a third party claim, or both. The answer depends on the circumstances of your injury.
Workers’ Compensation:
- Covers injuries that occur while performing job duties.
- Does not require proof of negligence.
- Benefits are limited to medical expenses, lost wages, and permanent disability.
Third Party Claims:
- Applies when a non-employer party (e.g., a contractor, manufacturer, or property owner) is responsible for your injury.
- Requires proof of negligence or fault.
- Can provide additional compensation, including pain and suffering and full wage replacement.
Unique Example: A delivery driver is injured in a collision caused by another driver running a red light. Workers’ compensation should cover the driver’s immediate medical costs and lost wages, but the injured worker can also file a third party claim against the at-fault driver’s insurance for damages not covered by workers’ comp.
Common Challenges in Workplace Accident Cases
Navigating a workplace injury claim can be overwhelming, especially when dealing with pushback from insurers or unclear liability. Some of the most common challenges include:
- Employer Disputes: Employers may argue that the injury didn’t occur at work or isn’t as severe as claimed.
- Denied Claims: Insurers may reject workers’ compensation claims based on technicalities or lack of documentation.
- Identifying Third Party Liability: Determining fault in a third party claim often requires extensive investigation and legal experience.
Hiring a personal injury lawyer who specializes in workplace accidents ensures you have an advocate to handle these complexities and secure the maximum compensation possible.
Unique Examples of Workplace Accidents in Philadelphia
Example 1: Factory Equipment Malfunction
A worker at a manufacturing plant loses a finger due to a machine malfunction. Investigation reveals that the employer failed to properly maintain the equipment. While workers’ comp covers the injury, the worker could also pursue a claim against the machine’s manufacturer if a defect contributed to the malfunction.
Example 2: Injuries from Faulty Equipment at a Trucking Company
A truck driver suffers a serious back injury after the hydraulic lift on their company-assigned trailer malfunctions and drops suddenly. An investigation reveals that the lift’s manufacturer failed to disclose a known defect in the equipment, which had been subject to a recall. While workers’ compensation benefits cover the driver’s medical treatment and partial lost wages, the driver can also file a third party claim against the lift’s manufacturer for negligence in producing and distributing unsafe equipment.
This dual approach ensures the injured worker receives both the immediate support provided by workers' comp and additional compensation for pain and suffering or any long-term impact on their earning capacity.
Why You Need a Workers’ Compensation Lawyer for Workplace Injuries
Although workers’ compensation is intended to provide quick and reliable support, many injured employees face obstacles when filing a claim. A workers’ compensation lawyer can guide you through the process, ensuring you receive the benefits you’re entitled to.
How a Lawyer Can Help:
- File Your Claim Correctly: Avoid errors that can lead to delays or denials.
- Gather Evidence: Prove the connection between your injury and your job duties.
- Negotiate with Insurers: Push back against lowball settlement offers or unfair claim denials.
- Pursue Third Party Claims: Investigate potential negligence by other parties to maximize your compensation.
What Philadelphia Employees Need to Know About Filing Deadlines
Pennsylvania has strict deadlines for filing workplace injury claims. Employees must report injuries to their employer within 21 days, though reporting as soon as possible is ideal. Failing to report within 120 days can result in losing eligibility for workers’ comp benefits.
For third party claims, the statute of limitations is generally two years from the date of the accident. Acting quickly ensures evidence is preserved and your rights are protected.
Were You Injured at Work in Philadelphia? Fight for the Compensation You Need with van der Veen, Hartshorn, Levin & Lindheim
If you’ve suffered a workplace injury in Philadelphia, you don’t have to face the complexities of workers’ compensation or third party claims alone. The experienced attorneys at van der Veen, Hartshorn, Levin & Lindheim are here to help residents all throughout Philadelphia, including Center City and Hunting Park.
Call us at 215-486-0123 or fill out our secure contact form for a free consultation and to learn more about your legal option. Whether you need help navigating workers’ comp, pursuing a third party claim, or both, our team will fight to secure the compensation you’re seeking. Don’t let an injury jeopardize your future—contact us today!
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.