If you have been injured during an accident or incident at work in Bethlehem, you might be understandably anxious, scared, and confused by all of the requirements and paperwork required to start a workers’ compensation claim. If this has happened to you, you might consider filing a workers’ compensation claim and suing a third party for financial compensation.
If you or a loved one has been hurt, become sick, or has suffered a fatality due to working conditions, a Bethlehem workers’ compensation lawyer can help.
What is Workers’ Compensation?
Pennsylvania workers’ compensation benefits are designed to provide financial and medical support to employees who suffer job-related injuries or occupational illnesses. By law, almost every employer in Bethlehem, PA, must carry workers’ compensation insurance to cover their employees in case of a workplace injury or illness. These benefits are in place to protect injured workers by ensuring they have access to necessary medical treatment and wage loss benefits during their recovery period.
Workers’ compensation benefits include:
- Medical Benefits. Workers’ compensation covers reasonable and necessary medical expenses related to your work-related injury or illness. This includes doctor visits, hospitalization, surgeries, medications, rehabilitation, and other treatments prescribed by approved healthcare providers.
- Wage Loss Benefits. You may be eligible for wage loss benefits if your injury or illness prevents you from working. These benefits provide a portion of your lost wages during your recovery period. The specific type and amount of wage loss benefits depend on the nature and severity of your condition.
- Death Benefits. In the unfortunate event of a work-related fatality, workers’ compensation provides death benefits to the surviving dependents or beneficiaries. These benefits include funeral expenses and ongoing financial support for the deceased worker’s spouse and dependent children.
What Happens If a Third Party Is Responsible For My Work Injury?
If a third party is responsible for your work injury in Bethlehem, you may be able to file a third party claim. A third party claim is a legal action that an injured worker may pursue against someone other than their employer or co-workers for a work-related injury or illness.
Workers’ compensation benefits typically cover medical expenses and provide wage loss benefits. Workers’ compensation insurance does not cover pain and suffering. However, a third-party claim allows the injured worker to seek additional financial compensation, such as recompense for pain and suffering from a party other than their employer who may be responsible for the injury.
A third-party claim could include cases where the injury is caused by a defective product, the negligence of a contractor or subcontractor, or a motor vehicle accident involving a non-employee.
When such circumstances arise, the injured worker may have grounds to file a third-party claim against the responsible party. Unlike a workers’ compensation claim, handled through the workers’ compensation system, a third-party claim is a civil lawsuit filed in the appropriate Pennsylvania court. By pursuing a third-party claim, the injured worker can seek additional compensation beyond the benefits provided by workers’ compensation. This may include damages for pain and suffering, emotional distress, loss of consortium, and other non-economic losses not covered by workers’ compensation benefits.
It’s important to note that while a third-party claim is separate from the workers’ compensation claim, you can collect workers’ compensation benefits, file a third-party claim, and collect on both. This means that an injured worker can concurrently pursue workers’ compensation benefits and a third-party claim.
Understanding your rights and the available benefits is essential for ensuring you receive the proper compensation following a work-related injury or illness. Navigating the workers’ compensation system can be complex and overwhelming. Munley Law’s team of experienced workers’ compensation and personal injury attorneys have represented injured workers in Bethlehem for over 60 years. We have a proven track record of winning record-setting awards for our clients.
What Are Common Examples of a Third Party Claim in Bethlehem, PA?
Third-party claims are as diverse as people. Many types of third-party claims can arise during a workers’ compensation case. Some of the most common types of claims include:
- Product Liability. If your work-related injury was caused by a defective product, such as faulty machinery or equipment, you may have a third-party claim against the manufacturer or distributor of the product.
- Premises Liability. If you were injured on someone else’s property, such as a construction site or a client’s premises, due to unsafe conditions, such as a rotting porch or steps, or negligent maintenance, such as failure to remove ice and snow, you may have a third-party claim against the property owner or occupier.
- Motor Vehicle Accidents. If you were involved in a work-related motor vehicle accident caused by another driver’s negligence, you may have a third-party claim against the at-fault driver or their insurance company.
- Construction Accidents. If you work in the construction industry and were injured due to the negligence of a subcontractor, general contractor, or other parties working on the same site, you may have a third-party claim against those responsible for the unsafe conditions or negligent actions.
- Toxic Exposure. If you suffered a work-related illness or injury due to exposure to toxic substances or chemicals, you may have a third-party claim against the manufacturer, supplier, or entity responsible for the hazardous materials.
- Assault or Battery. If you were assaulted or attacked by a third party while performing your work duties, you may have a third-party claim against the individual or entity responsible for the assault.
- Professional Negligence. If you received inadequate or negligent medical treatment for your work-related injury, resulting in further harm, you may have a third-party claim against the healthcare provider responsible for the substandard care.
By exploring the potential for third-party claims in addition to your workers’ compensation case, you can pursue additional compensation for your injuries and losses.
What Should I Look For in a Workers’ Compensation Lawyer in Bethlehem?
To find the best workers’ compensation attorneys in Bethlehem for your claim, they should have the following qualities:
- Legal Expertise. A personal injury lawyer specializing in workers’ compensation and third-party claims has in-depth knowledge of Pennsylvania laws and regulations. They understand the complexities of these cases and can navigate the legal system on your behalf and will be able to answer any questions you may have about workers compensation in Bethlehem.
- Case Evaluation. Your lawyer will assess the details of your case, including the circumstances surrounding your injury and potential liable parties. They will determine the viability of your third-party claim and provide an honest evaluation of your chances of success.
- Evidence Gathering. Your attorney will gather essential evidence, such as accident reports, medical records, witness statements, and expert opinions, to support your claim. They will ensure all necessary documentation is collected to strengthen your case.
- Insurance Negotiations. Dealing with insurance companies can be exhausting and stressful. Your lawyer will handle all communications with the insurance adjusters, advocating for your rights and fighting for fair compensation. They will skillfully negotiate on your behalf to maximize your settlement.
- Proving Liability. Establishing liability in a third-party claim can be complex and is arguably the most important component to your third-party injury case. Your attorney will conduct a thorough investigation to determine who is responsible for your injuries. Your Munley Law attorney will gather evidence and witnesses, including hiring expert witnesses, if necessary, to prove negligence or fault on the part of the third party.
- Calculating Damages. Determining the full extent of your damages is crucial for obtaining appropriate compensation. Your lawyer will assess medical expenses, lost wages, pain and suffering, and other damages to adequately compensate you for your losses.
- Litigation Representation. Your attorney will provide skilled litigation representation if your case goes to trial. They will present your case before the court, cross-examine witnesses, and advocate for your rights to secure a favorable outcome.
- Maximizing Compensation. Your lawyer’s primary goal is to maximize your compensation. They will explore all avenues for recovery, including workers’ compensation benefits and third-party claims, to ensure you receive the full compensation you deserve.
- Peace of Mind. Hiring a Bethlehem personal injury lawyer at Munely Law allows you to focus on your recovery while knowing your legal rights are protected. We will handle the complex legal procedures, deadlines, and paperwork, providing peace of mind.
If you or a loved one has been hurt or killed while on the job in Bethlehem, PA, and you believe a third party is responsible, call Munley Law at our Lehigh Valley offices today for your free case evaluation.
