Most of us spend a majority of our waking hours on the job. Spending so much time there means there is a good chance we could be hurt at some point. This is particularly true in jobs where danger abounds, like construction, chemical plants, factories and industrial facilities, and delivery drivers. However, it is also possible to become injured at an office job.
Pennsylvania has a worker's compensation law that is supposed to cover employees who are hurt while at the workplace. However, sometimes worker's comp is not enough, and can even be denied.
Philadelphia Workplace Injury Lawyer
If you are hurt on the job, are struggling to make bills and are not being fully compensated, or compensated at all, for your injury, a Philadelphia workplace accident lawyer from Alva & Moscow, LLC can help you get the recovery you deserve. Whether it's fighting to fully collect worker's comp or seeking compensation from your employer or a responsible third party, our skilled trial attorneys can seek the best result for you. Call today at (215) 665-1695 to set up a free consultation.
Our trial lawyers serve clients in and around Philadelphia, including in Chester County, Bucks County, Delaware County and Montgomery County. We also represent workers across Pennsylvania and New Jersey.
Philadelphia Workplace Accidents Information Center
The number of ways a person can get hurt at work is about as infinite as the number of jobs that might exist. Some of the more common occur at sites where there is heavy equipment, dangerous chemicals, flammable materials or explosives, like on construction sites and industrial facilities. Electrical accidents are also common.
However, workplace accidents can happen anywhere. For instance, if you are walking upstairs in your office building and trip and fall, then that is a workplace accident.
The most common cause of workplace deaths in Pennsylvania and in the United States, according to the Bureau of Labor Statistics, is transportation accidents. Delivery drivers and truck drivers are obviously at constant risk. But if you are driving from your office to a meeting and get in an accident, then that is a workplace injury.
Worker's compensation is essentially an insurance program that employers in Pennsylvania are required to offer. It is provided by third-party insurers. Almost all employees are covered by worker's comp, including part-time employees.
Worker's comp is intended to cover you if you suffer any kind of injury due to your work. You may not recover if the injury was intentionally self-inflicted, if you incurred the injury while breaking a law or if you were on drugs at the time of the injury. However, even if the accident was caused by negligence on your part, you may recover worker's comp.
You have three years to file a worker's compensation claim. However, the quicker you file, the better off you often are.
When Worker's Comp Isn't Enough for Philadelphia Workers
After a workplace accident, hospital bills can be overwhelming. You may also require extensive physical therapy to get back to the place you were before. You could have been permanently disabled or lost a limb.
Worker's comp can be denied, or may not fully cover the extent of your injuries. In such cases, a Philadelphia personal injury lawyer can represent you in an action against the third party administrator of your employer's worker's compensation program.
In some instances, another party may share responsibility for the accident. For instance, if you were driving and got into an accident, the other driver may be at fault. If you were injured due to defective equipment, the maker of the equipment may share responsibility for your injuries.
In such case, a trial lawyer can bring suit against this third party to help maximize your recovery for your injury.
Alva & Moscow, LLC | Philadelphia Attorney for On the Job Accidents
If you are injured on the job, worker's comp may not be enough to cover your loss. A Philadelphia workplace accident lawyer can help you maximize the compensation you receive, whether by seeking it from the company administering your worker's comp benefits or from another responsible party. We are tough trial lawyer who will fight hard for you. Call us today at (215) 665-1695 to schedule a consultation.
Pennsylvania Workplace Injury FAQs
Can I sue my employer for a workplace injury in Pennsylvania?
Generally no. Pennsylvania's Workers' Compensation Act provides the exclusive remedy against an employer, meaning you receive benefits without proving fault but cannot sue for pain and suffering. Narrow exceptions exist for intentional harm and for injuries caused by a third party who does not work for your employer.
What is a third-party claim?
A third-party claim is a personal injury lawsuit against someone other than your employer whose negligence caused the injury - a general contractor, a subcontractor, an equipment manufacturer, a property owner, or a negligent driver. Unlike workers' compensation, a third-party claim recovers pain and suffering and full lost earnings, and it can be pursued at the same time as the comp claim.
How long do I have to report a work injury in Pennsylvania?
Notify your employer within 21 days to receive benefits from the date of injury, and no later than 120 days or the claim is barred entirely. A workers' compensation claim petition must be filed within three years of the injury, while a third-party lawsuit follows the standard two-year personal injury deadline.
What benefits does workers' compensation pay?
Medical treatment related to the injury, and wage loss benefits of roughly two-thirds of your average weekly wage up to a statewide maximum. Specific loss benefits apply to amputations and permanent loss of use. Workers' compensation does not pay anything for pain and suffering, which is the main gap a third-party claim fills.
What are the most common construction site injuries?
Falls from heights, being struck by falling objects or equipment, electrocution, trench and excavation collapses, scaffolding failures, and crush injuries between machinery. OSHA violations documented after an accident are frequently strong evidence in a third-party claim against a general contractor or site owner.
Can I be fired for filing a workers' compensation claim?
Retaliation for filing a workers' compensation claim is unlawful in Pennsylvania and gives rise to a separate wrongful discharge claim. Employers sometimes recharacterize a termination as performance-based, so documenting the sequence of events and preserving communications matters.
Do I need a lawyer if workers' compensation is already paying?
Often yes, for two reasons. Insurers routinely terminate or reduce benefits through an independent medical examination, and a third-party claim that would recover pain and suffering may be overlooked entirely if no one investigates who else was at fault. Reviewing both tracks early costs nothing and frequently changes the outcome.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
Counties, as well as Pennsylvania and New Jersey.
