Upper Darby Workplace Injury Lawyer
One of the most important things to understand when it comes to sustaining a serious injury is that there is a difference between injuring oneself and being unable to work versus sustaining a workplace injury at in the office or on a job site. Although these two situations sound alike, they are not.
According to the Occupational Safety and Health Administration (OSHA), over 2 million non-fatal workplace accidents happen every year. If you were injured at a job site or office, you have the right to file a workers’ compensation claim. Being hurt before, during or after work varies from state to state. It’s best to discuss the details with an experienced workers compensation attorney to determine how to file your claim correctly.
A U.S. Bureau of Labor Statistics (BLS) report revealed that more than two million workplace injuries and illnesses in private industries occur annually. Approximately 900,000 injured persons resulted in them missing an average of eight days of work.
According to the National Safety Council (NSC), nearly 13,000 American workers sustained injuries daily. In 2020, 805 workers died in fall related accidents and 211,640 workers sustained serious injuries that required time off. One hundred and thirty-six workers were killed in falls on the same level in 2020. Surprisingly, construction workers are at the highest risk for fatal falls from a height – more than seven times the rate of other industries.
It can be difficult to obtain benefits, whether a worker is qualified or not, simply because the compensation laws in Pennsylvania are very complicated. If a claim is not filed correctly, on time, there is a questionable medical diagnosis, or the employer retaliates and does not handle the claim, there can be significant delays in obtaining benefits. At MyPhillyLawyer, we understand the legal process and will walk you through the next best steps to take.
Accidents happen just about anywhere. However, some industries present a higher risk of injuries than others. The top five sectors that frequently witness injury accidents at work include:
- Manufacturing and production industries;
- Transportation, shipping industries, including delivery and long-haul truckers;
- Construction industries;
- Installation, repair, and maintenance industries; and
- Service industries, including police, ambulance drivers, EMTs, first responders, and firefighters.
The nature of your workplace injury, how it affects your ability to work, and your financial situation, is always taken into consideration here are MyPhillyLawyer. Our Upper Darby workers’ compensation attorneys will help determine what benefits may be available to you. In general, injured workers or dependents, in the case of a workplace fatality, include medical, wage loss, or death benefits.
Upper Darby Work Injuries Covered by Workers’ Compensation
As a Pennsylvania employee or worker, it does not matter how your injury occurred or who caused it. In some cases, a negligent third-party may be held accountable for your injuries, but it’s best determined by an experienced work injury lawyer. To qualify for benefits, an injury must have happened at work or was caused by your work conditions. Common accidents that may be covered under the state’s workers’ compensation laws include:
- Event-Related Accidents
- Airport Accidents
- Collapsed Building Accidents
- Car Accidents
- Construction Accidents
- Factory Accidents
- Falling From a Height Accidents
- Explosion Accidents
- Fire Accidents
- Slip, Trip, and Fall Incidents
- Industrial Accidents
- Violence or Assault in the Workplace
- Manufacturing Accidents
- Warehouse Accidents
The kinds of injuries covered in the above situations can vary per individual. Common workplace injuries may include the following:
- Concussions/ Traumatic Brain Injury
- Back and Neck Injuries
- Shoulder Injuries
- Fractured or Broken Bones
- Damaged Nerves
- Spinal Cord Injuries
- Elbow Injuries
- Knee Injuries
- Soft Tissue Injuries
- Electrical Burns
- Hip Injuries
- Torn Ligaments
- Occupational Diseases
- Wrist and Hand Injuries
- Ankle and Foot Injuries
- Deafness or Blindness
Some employers are exempt from Pennsylvania workers’ compensation laws. However, employers who do provide coverage start it on a worker’s first day of employment. Workers included are:
- Individuals covered under workers’ compensation programs, e.g., Longshoremen, Railroad Workers, and Federal Government Employees.
- Domestic Servants – There is optional coverage.
- Agricultural Workers – People who work fewer than 30 days and are paid less than $1,200 a year by one employer.
- Employers grant an exception for religious beliefs or executive status within certain companies.
In general, a work-related injury is usually covered by workers’ compensation if the following applies:
- An employee was working at the usual place, either on-site or off-site.
- The worker did not intentionally wound themselves.
- The worker was not intoxicated.
- The Pennsylvania Workers’ Compensation Act covers the worker.
- The accident/injury is reported immediately to the employer.
A workplace injury can also mean a worker who was injured at work due to someone who is not their employer and not a co-worker. If this happens, the injured worker could be entitled to file a third-party injury claim. It depends on the circumstances of the accident. A worker may still have the right to file a personal injury lawsuit when the employer intentionally harms a worker and when the employer does not provide worker’s compensation mandated by law.
Not all workers’ compensation claims are granted. An insurer and the employer can deny a claim. This can happen for several reasons, including:
- The employer suspects the accident did not occur during the normal scope of employment, that it was caused intentionally, that stated safety protocols were not adhered to, or that there was horsing around at work.
- An investigation indicated that a worker’s injury did not happen as reported.
- The worker in question is/was not covered by the employer’s workers’ compensation insurance.
- There were no witnesses to the accident, causing the employer to believe it may not have happened as stated.
- The worker who sustained an injury did not notify the employer within the 120-day deadline as required by law.
- The injury was a pre-existing condition that did not happen at the workplace.
Third-Party Involvement in Philadelphia Worker’s Compensation Claims
A third-party lawsuit involves someone other than an employer or co-worker caused a worker’s injury. An example of this would be a construction worker who was hurt on a job site because of the reckless actions of a different worker or was injured by a defective piece of equipment.
By filing a third-party injury claim, an injured worker could hold someone else liable for their injuries, including pain and suffering. Additionally, the injured worker may be able to claim a more significant amount for lost wages than a percentage if a workers’ compensation claim was filed. Your Upper Darby workplace injury lawyer at MyPhillyLawyer can explain the differences in depth.
Thousands of people in Philadelphia and across the state can be injured or killed at work. Depending on the nature of your case, the circumstances, and the injuries, our MyPhillyLawyer Upper Darby workplace injury lawyers will help you file a workers’ compensation claim and explain your legal options.
Contact the Upper Darby workplace injury lawyers at MyPhillyLawyer today to discuss your workplace injury case. Call MyPhillyLawyer at 215-227-2727 or toll-free at 866-352-4572 to discuss your case, legal rights, and options.
Our Upper Darby workplace injury lawyers understand how to challenge insurance companies and fight for the compensation you deserve. Our attorneys work to uncover the truth of what happened in your case and to identify all liable individuals or entities that may provide compensation. Your initial consultation is free. No recovery, no fees or costs, guaranteed.