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What Should I do if I’m Injured at Work?

Posted July 20, 2015 | Personal Injury

In Pennsylvania, if you sustain a job injury or a work-related illness, Pennsylvania Workers’ Compensation will usually pay for your medical expenses and, if you are unable to work, wage-loss compensation benefits until you can return to work. If a workplace accident results in wrongful death, death benefits will be paid to your dependent survivors. Workers Compensation Benefits are paid by private insurance companies and or the State Workers’ Insurance Fund for self-insured employers.

Am I Covered by Workers Compensation?

In Pennsylvania, almost all employers, including nonprofits and unincorporated businesses, must provide workers’ compensation coverage for their employees – even part time or seasonal workers. Thus, the vast majority of Pennsylvania employees are eligible for Workers Compensation benefits.

Additionally, in some instances, the law provides for alternative coverage if an employee is injured at work.  For example railroad workers are covered under a benefits program known as FELA, and there are other separate programs for federal employees, longshoreman, harbor and shipyard employees.

However, several types of employees may not be covered under PA Workers Compensation Act. These include:
  • volunteer workers,
  • casual employees,
  • sole proprietors and general partners,
  • executive officers granted exemption,
  • real estate agents or brokers meeting specific requirements,
  • domestic workers,
  • agricultural laborers, and
  • employees who have been granted a personal religious exemption from the Act.
If you are injured at work, a workers compensation attorney can help you determine whether you are eligible for Pennsylvania Workers Compensation benefits, or an alternative program. In addition, if you are injured on the job and your employer does not carry PA workers’ compensation insurance as required by law, you may be eligible for benefits from the Uninsured Employer Guaranty Fund.
For a free legal consultation call Philadelphia trial lawyer, Brent Wieand, at 1(877) 654-3887.

What if You’re Hurt at Work because of a Negligent Third Party?

If another person or business negligently caused you to become injured at work, you may be able to file a civil lawsuit to recover compensation for your losses. Car accidents are the most common example of a case where a third party may be liable for work-related injuries caused by another person. If you are hurt in a car accident while on the clock, the negligent driver could be held liable for your injuries and resulting economic damages.

Similarly, if you were injured by a defective product, such as a malfunctioning table saw, while at work, there could be third party product liability claim against the manufacturer or seller of that product.

If a third party was responsible for your work-related injury you may be entitled to additional compensation beyond that provided through Workers Compensation. This is because benefits provided by the PA Workers Compensation Act are limited to payment for lost wages, death benefits, specific loss benefits and medical care. In a third party claim, you may be able to recover compensation for other types of damages such pain and suffering, loss of consortium and other economic losses. For this reason, you should always consult with a personal injury lawyer regarding your rights to bring a third party claim even if you receive workers compensation benefits.

Philadelphia Personal Injury Lawyer Brent Wieand

Philadelphia personal injury attorney, Brent Wieand, has helped hundreds of seriously injured accident victims recover compensation for their injuries. For a free case consultation regarding your workplace accident call him today at (877) 654-3887. Attorney Wieand will handle your case on a contingent fee basis so you never owe costs or attorneys fees unless he collects money for you.

Disclaimer: This article does not constitute legal advice. It is for informational purposes only. If you have questions about a work related injury or illness seek advice from an experienced attorney.