Philadelphia Workplace Accident Lawyers
According to the United States Bureau of Labor Statistics, there were 2,488,400 recordable nonfatal injuries and illnesses that occurred in the private industry in the United States in 2024. There were 5,283 fatal injuries in all sectors in 2023. When someone is injured on the job in Pennsylvania, they have the right to pursue workers’ compensation benefits. However, navigating the workers’ compensation system can be complex. What’s worse, you’re dealing with painful injuries, uncertainty about your legal rights, and an uncertain future.
An experienced attorney can help make sense of this complex process. The legal team at Cousin Benny Injury Lawyers can guide you through the legal process of demanding the benefits you are entitled to and protect your legal rights. Contact us today for a free consultation.
Workers’ Compensation Overview
Workers’ compensation is a no-fault insurance system, meaning that you can receive benefits from it without having to prove your employer was negligent. This system was designed to make it easier for injured workers to recover medical and wage replacement benefits while also protecting employers from lawsuits.
To qualify for workers’ compensation benefits, you must show that you were injured within the course and scope of your employment. Workers’ compensation covers various types of work-related injuries and illnesses, including:
- Injuries that occur during workplace accidents
- Occupational illnesses, such as lung disease from chemical exposure
- Injuries from continued workplace exposure, such as hearing loss
- Repetitive motion injuries, such as carpal tunnel syndrome
- Injuries while traveling for work (but not while commuting to or from work)
- Pre-existing illnesses or conditions that are worsened by workplace conditions, such as asthma
- A previous workplace disability that arises again and results in a later disability, such as a back injury
- PTSD and other psychological injuries from work-related trauma
Workers’ compensation is typically the exclusive remedy for injured workers, so generally, you cannot sue your employer directly if they have workers’ compensation insurance. The workers’ compensation system involves an administrative process with unique rules and deadlines that can be difficult for injured workers to navigate on their own. An experienced attorney can guide you.
Which Employers Are Required to Have Workers’ Compensation in Pennsylvania?
Nearly all employers are required to carry workers’ compensation insurance in Pennsylvania, even if they only have one full-time or part-time employee. Employers must secure workers’ compensation coverage from a licensed carrier, the State Workers’ Insurance Fund, or through self-insurance. There are some exceptions, though, as employers of the following types of employees generally are not required to purchase workers’ compensation insurance in Pennsylvania:
- Railroad workers, longshoremen, and federal employees (who are covered under other insurance systems)
- Executives of certain corporations
- Domestic workers, such as housekeepers
- Certain part-time or freelance agricultural workers
- Employers with a religious exemption
All other employers are generally required to maintain workers’ compensation. If they break the law and don’t carry this insurance, an injured worker can file a lawsuit against them for damages.
How a Workers’ Compensation Lawyer Can Help
If you were injured on the job, a workers’ compensation lawyer can help in the following ways:
- Initial case assessment: An experienced attorney can discuss your work injury, assess your case, and determine if you are eligible for workers’ compensation benefits. With a free, no-obligation consultation with our law firm, you can get a better idea about your legal rights and options at no risk to you.
- Investigation: A lawyer can conduct an independent investigation into your accident and gather crucial evidence, such as medical records, accident reports, and witness statements. This information can help support your claim.
- Claims handling: An experienced attorney can handle your claim for you, file the necessary paperwork, and ensure your claim is filed in an accurate and prompt manner.
- Communications: Workers’ compensation lawyers can handle communications with insurance companies and your employer on your behalf, protecting you from nefarious tactics and coordinating your return to work.
- Negotiations: Our experienced workers’ compensation lawyers understand the value of these legal claims and can fight for maximum compensation.
- Appeals: An experienced attorney can file a Claim Petition if your claim is denied so a workers’ compensation judge can hear your case.
- Hearings: Our trial-tested attorneys can represent you at hearings, help you prepare, and advocate for you every step of the way, fighting for the compensation that you deserve.
- Ultimately, your lawyer will work to achieve the resolution you are seeking, whether that is through a settlement or litigation.
Common Types of Workplace Injuries
Workplaces can be surprisingly dangerous. When there are many people working around each other, industry-specific hazards, the presence of tools, and other potential dangers, people can get hurt. Common types of workplace injuries in Philadelphia include the following:
- Slips and falls
- Fire and burn injuries
- Motor vehicle accidents
- Struck by an object accidents
- Caught in or between machinery accidents
- Repetitive motion injuries
- Blood diseases
- Chemical poisoning
- Assaults
Common Causes of Workplace Injuries
Workplace injuries can occur for many reasons, including the following:
- Wet or slippery floors or walking surfaces
- Falls from heights
- Inadequate lighting
- Electrical hazards
- Car accidents
- Fires or explosions
- Falling objects
- Toxic exposure
- Strains and overexertion
- Lifting
- Lack of warning signs, such as holes
- Workplace violence
- Chemical exposure
- Lack of fall protection
- Lack of personal protective equipment
- Inadequate training
Workers’ Compensation Benefits You Might Be Entitled To
In Pennsylvania, you can potentially recover various types of workers’ compensation benefits, including:
Medical benefits: Your workers’ comp claim can seek compensation for services rendered by physicians or other healthcare providers, including chiropractors, to treat a workplace injury or occupational illness, reasonable and necessary surgical services, hospital treatment, services, and supplies, prescription medications and supplies, and orthopedic appliances and supplies.
Wage loss benefits: Workers’ compensation benefits also include replacement of lost wages, which are usually approximately two-thirds of the workers’ average weekly wage. Total disability benefits are paid for the time lost from work due to a work-related disability if it lasts seven days or more and until the employee is able to return to work, up to a maximum dollar amount provided by law.
What to Do After a Workplace Accident
It can be difficult to stay calm and to know what to do after a workplace accident. Here is a brief list of steps that you can take to protect your health, safety, and legal claim:
Seek Immediate Medical Attention
If you were injured in a way that requires emergency medical intervention, go to the nearest hospital. Otherwise, ask for a list of your employer’s approved healthcare providers and see a doctor as soon as possible. Even if you think your injury is minor, you should seek medical attention immediately, as even minor injuries can worsen.
Report the Accident to Your Employer
Report the accident to your immediate supervisor immediately. You are subject to strict deadlines, and delaying can jeopardize your claim. Make sure that your employer reports your injury to their workers’ compensation carrier, and ask for a copy of the report.
Gather Information
Jot down your memory of how the accident occurred. Take note of any cameras that may have captured the accident. Gather contact information for anyone who saw the accident.
Document Your Injury
Keep detailed records of everything related to your workers’ compensation claim, including the following:
- Conversations and interactions with your employer and their workers’ compensation insurance carrier
- Medical records
- Notes of your symptoms and medical treatments
- Check stubs and wage loss statements showing your regular pay and your post-accident pay
Consult an Experienced Workers’ Compensation Lawyer
An experienced attorney can handle your workers’ compensation claim for you, ensuring that you meet the filing deadline and properly document your claim from the very beginning.
Injured?
Workers’ Compensation and Third-Party Claims
In most situations, you cannot file a personal injury lawsuit against your employer, except under the exceptions highlighted earlier. However, there may be times when you can sue a third party whose actions contributed to your injuries, such as:
- Negligent motorists, if you were injured in a car accident
- Truck drivers, trucking companies, or others, if you were injured by a truck while doing your work
- Manufacturers of defective products that harm you while working
- Property owners who allow dangerous conditions on their property that contribute to workplace injuries
- Manufacturers of harmful chemicals, if you were injured in a manner that allows you to file a toxic tort claim
- Contractors, subcontractors, or others on the job site who contributed to your injuries
It can be helpful to file a third-party claim because you can pursue compensation for damages that workers’ compensation does not cover, such as the full extent of your lost wages and your pain and suffering. Any compensation you receive from a third-party claim is in addition to the workers’ compensation claim you file, although your claim may be subject to an offset.
What Should I Look for in a Workers’ Compensation Attorney?
When you hire a workers’ compensation attorney, you should look for the following qualities when deciding between which lawyer to hire:
- Experience: Look for a law firm with experience handling workers’ compensation and personal injury claims. There is sometimes an intersection between workplace injury cases and personal injury cases, so it can be helpful to work with a law firm that has experience handling both types of cases.
- A proven track record of success: Ask the lawyer you are consulting with during your free consultation about their win//loss record, including how many cases they have tried and won.
- Clear communication: Your lawyer should be able to clearly answer your questions and address your concerns. Ask how the lawyer will keep you updated about the status of your case.
- Local knowledge: Look for a local workers’ compensation lawyer in Philadelphia who has experience with local administrative law judges and the court system.
Contingency fee arrangement: Cousin Benny Personal Injury Lawyers takes our cases on a contingency-fee arrangement, allowing you to retain immediate legal services but postpone paying for them until we recover compensation on your behalf.
How Long Do I Have to File a Workers’ Compensation Claim in Pennsylvania
The Pennsylvania workers’ compensation system has strict deadlines that you must comply with to maintain your right to recover benefits. You must notify your employer of your workplace injury within 21 days in most cases. The formal deadline to file a Claim Petition with the Bureau of Workers’ Compensation is three years from the date of injury.
Does Workers’ Compensation Cover Injuries That Occur Off-Site?
Under Pennsylvania law, you can recover workers’ compensation benefits if your injuries occurred off the job site and those injuries occurred within the scope and course of your employment. For example, if your manager asked you to pick up office supplies or to meet at a site to perform a client estimate, and you were injured in a car accident on the way there, you may be able to recover workers’ compensation for the accident. An experienced attorney can evaluate your situation and determine whether the injury arose within the course of your employment and if it is compensable.
Can I Be Fired for Filing a Workers’ Compensation Claim?
Pennsylvania law prohibits employers from firing or retaliating against an employee because they filed a workers’ compensation claim in good faith. However, employers are not required to keep a job open indefinitely because a worker was injured on the job. If you believe that your employer has retaliated against you, you should consult an employment law attorney to review your legal options.
Contact Cousin Benny Personal Injury Today for a Free Consultation
If you have been injured on the job, you should not have to pay the consequences. You may be able to recover workers’ compensation benefits, which can help pay for your medical care and replace a portion of your lost wages. An experienced attorney from our law firm can meet with you to discuss your legal rights and options after a workplace accident. Contact Cousin Benny Personal Injury today for a free initial consultation.