An accident at work can be physically and financially devastating to you and your family. In addition to painful injuries and emotional distress, a workplace accident can keep you from returning to work. You may require expensive medical treatment. There is stress over lost income, how to pay medical bills and anxiety over if and when you will heal.
Each year, thousands of employees suffer work related injuries or illnesses. Sometimes workplace accidents are caused by a negligent employer or coworker. In other instances, the employee may cause his own injury or be hurt by a negligent third party. Regardless of the cause of your injury, if you are hurt on the job you may be eligible for certain benefits under the law.
If you are injured at work, call the Wieand Law Firm to discuss your legal rights. Let us handle the complicated legal aspects of your claim so you can focus on your health and well being. For a free and friendly consultation, call 1(800) 481-5206 or submit a description of your claim through the online contact form.
Hurt at Work? You may be Entitled to Workers Compensation Benefits
Workers compensation is statutory system which was enacted to guarantee employees hurt on the job would quickly receive needed benefits and payments. Workers compensation is a “no fault” system in which employees are entitled to receive assistance regardless of who is at fault. It provides various benefits, including:
- Payment of medical expenses for treatment related to the injury or illness
- Lost wages from missed work
- Compensation for severe disfigurement or scars
- Compensation to cover a specific losses such as loss of a limb or appendage
- Coverage physical therapy and vocational rehabilitation programs
- Death benefits
You should not wait to report your injury if you have a workplace accident. If you do not report an accident on time, your employer may deny you payment for medical treatment and out of work benefits. In addition, if you don’t promptly report your injury, the defense may question the credibility of your claim and if your injury actually occurred at work.
Under workman’s compensation law, employers must cover payment for lost wages as well as all accident related medical expenses. However, there are numerous rules and requirements that must be met for an employee’s claim to be accepted. If you workers compensation claim is denied, you should consult with a workers compensation lawyer immediately to discuss your legal rights.
It is important to note that independent contractors are not employees. Whether an independent contractor is entitled to worker’s compensation benefits in Pennsylvania or New Jersey will depend on that worker’s unique circumstances. You should consult with an experienced attorney if you encounter this issue.
Can you File a Personal Injury Claim for your Workplace Accident?
The Workers Compensation system was designed to quickly and efficiently provide benefits for employees injured on the job. By participating in the Workers Compensation program, an employer is generally immune from personal injury lawsuits filed by its employees. However, if your workplace injury was caused by a negligent third party (who is not your employer) you may file a personal injury claim against that negligent party for the damages it caused. For example, if you are injured due to a defective power saw at work you may file a lawsuit against the manufacturer of the saw. The workers compensation program only protects employers from personal injury lawsuits, not other negligent parties.
Even if you receive workers compensation benefits, you should consult with an attorney as to whether you have a viable personal injury claim. Workers Compensation does not cover losses for “pain and suffering” or “loss of enjoyment of life” like in a personal injury case. Thus, you may be able to recover damages for losses which were not covered by Workman’s Compensation by filing a personal injury lawsuit against a third party.
For a free consultation as to your legal rights following a workplace accident, call the Wieand Law Firm today. We can answer your questions and provide expert legal advice on how to proceed with an injury claim. You don’t need to suffer alone. Talk to a personal injury lawyer with in depth knowledge of Pennsylvania and New Jersey laws applicable to workplace accidents.
For a free and confidential case consultation, call the Wieand Law Firm at 1-800-481-5206.
The Wieand Law Firm is licensed to practice in Pennsylvania and New Jersey. We proudly serve Southeastern Pennsylvania including Berks, Chester, Delaware, Montgomery and Philadelphia counties, as well as the New Jersey areas of Pennsauken, Gloucester and Camden NJ.
Disclaimer: This website is provided for informational purposes and does not constitute legal advice. For questions specific to your claim consult with an experienced attorney.