$16 Million Awarded in Industrial Accident Settlement

Industrial accident yields largest personal injury settlement in Pennsylvania history

The Philadelphia Daily News reports the owner of a landfill and Caterpillar Inc. have agreed in Philadelphia Common Pleas Court to pay one of the largest settlements in Pennsylvania history for a single-victim personal injury case.

The companies have agreed to pay $16.25 million to a man whose legs were crushed by a bulldozer three years ago.

On May 1, 2006, the man was working his fifth day on the job as a truck spotter at the Chrin Sanitary Landfill, when a massive track loader backed around a pile of garbage and ran him over, crushing his legs.

He developed serious infections due to the garbage that had been crushed into his wounds. His right leg, part of his right hip, and most of his left leg had to be removed.

The lawsuit claimed the owners of the landfill had not trained the victim sufficiently and the Caterpillar didn’t have adequate rear vision. […]

The Limbo Stage: 21 Days to Accept or Deny

Once you have given notice of your injury to your employer, their insurance carrier has 21 days under the Workers’ Compensation Act to either accept or deny your claim for benefits. During this period of time, you are basically in limbo.

To accept the claim, the insurance carrier needs to file either one of two notices with the Bureau in Harrisburg. The first notice is a notice of temporary compensation payable. As the name implies, this notice temporarily accepts the claim for a period of 90 days to give the insurance carrier additional time to investigate your claim before making its final determination.

Prior to the end of the 90-day period, if the insurance carrier wishes to deny your benefits, they are required to file notice stopping temporary compensation. If the insurance carrier does not file the notice stopping the temporary benefits in the allotted time, […]

Panel Physicians and Workers Comp

So you got hurt at work and need to see a company doctor. Now what?

After you have given notice of your injury, your employer may require you to treat with one of their “panel physicians” through their insurance carrier. If your employer has a list of panel physicians or “company doctors,” you will be required to treat with one of the doctors on the list for the first 90 days of your injury.

Under the Workers’ Compensation Act, your employer is required to advise you of their list of panel physicians at the time of your hire and also at the time of your injury. They are also required to have you sign an acknowledgement that you are aware this policy and provide you with the list upon your injury.

If for some reason you do not like the doctor that you have chosen, […]

Follow the Golden Rule . . . Give Notice As Soon As Possible

If you are hurt at work, the most important thing to remember is to report the injury to your employer through your supervisor at the time of the injury. Every injury should be reported, no matter how small you may think it to be. Any injury could potentially become a liability, not only to your health but also to your finances if it is unreported. Telling your employer that you are injured is your responsibility and it is called “giving notice.”

Too many times an employee will feel a “pop” in their knee, a pain in their shoulder or their back, and let it go for days or weeks. Not reporting an incident or injury can allow your employer to deny your claim through their insurance carrier. This can initially prevent your medical expenses and/or wage loss from being paid if the treating physician should later remove you from work due to the injury. […]