Whether you work in the thriving manufacturing sector like the Schuylkill Industrial Complex or our famous Yuengling brewery to any of Pottsville’s bars or restaurants dotting Centre Street, accidents can happen at any job , leaving you injured and unsure of your rights. When you are faced with the uncertainty of obtaining rightful compensation for your injuries, it’s important to have a legal team that understands the local landscape
Munley Law has been fighting for injured workers in Pottsville for more than six decades. Our seasoned attorneys have extensive experience representing workers in various fields, from the Minersville Anthracite Coal Region to the area’s busy healthcare facilities.
If you or a loved one has been injured at work in Pottsville, and you believe a third party may be responsible, our experienced attorneys are here to provide expert legal counsel and guide you through the process of pursuing your claim. Contact Munley Law today for your free case evaluation. We charge nothing until we win your maximum compensation.
What is Pennsylvania workers’ compensation?
Workers’ compensation is a state-mandated insurance program designed to protect employees who sustain work-related injuries or illnesses. It is mandatory for all Pennsylvania employers, with very few exceptions, to carry workers’ compensation insurance. Workers compensation insurance aims to provide financial support and medical benefits to employees who suffer from job-related injuries or occupational illnesses.
What does workers’ compensation cover in PA?
Workers’ compensation in Pennsylvania typically covers the following:
- Medical expenses. The program covers reasonable and necessary medical treatment related to your work injury or illness. This includes doctor visits, hospitalization, surgeries, prescription medications, physical therapy, and other necessary medical services.
- Wage loss benefits. If your work injury causes you to miss work for more than seven days, you may be eligible for wage loss benefits. These benefits provide partial wage replacement, usually around two-thirds of your average weekly wage, while you are unable to work due to the injury.
- Specific loss benefits. In certain cases, if you suffer the permanent loss of use of a specific body part (e.g., limb, eye, or hearing), you may be entitled to specific loss benefits, which provide additional compensation.
- Death benefits. If a work-related injury or illness results in the death of an employee, workers’ compensation may provide death benefits to their surviving dependents.
What does workers’ compensation not cover in PA?
Workers’ compensation in Pennsylvania has certain limitations and exclusions, including:
- Emotional distress. In most cases, emotional or mental injuries without a corresponding physical injury are not covered.
- Punitive damages. Workers’ comp insurance makes no provision for punitive damages ie financial compensation for the victim to act as a punishment for negligence or misconduct on behalf of the defendant.
Navigating workers’ compensation claims and ensuring you receive the full benefits you are entitled to can be complex. That’s where our experienced attorneys come in. We are dedicated to helping you understand your rights, guiding you through the claims process, and advocating for your best interests. If you’ve been injured on the job in Pottsville, PA, call or message Munley Law today for expert legal representation and support. Your well-being is our priority, and we’re here to fight for the compensation you deserve.
What is a third-party PA workers’ comp claim?
While workers’ compensation offers essential benefits, it has limitations. One significant limitation is that it generally only covers injuries caused by employer negligence or accidents that occur within the scope of employment.
However, there are situations where a third party, someone other than your employer or co-worker, may be liable for your workplace injury.
Workers’ Compensation Third-Party Claims are separate legal actions that injured employees can pursue against a party other than their employer. These claims are filed in addition to the workers’ compensation claim.
For example, if your injury was caused by defective equipment you use routinely during the regular scope of your work duties, the manufacturer of that equipment may be held responsible for your damages.
The benefits of pursuing a third-party claim include the possibility of recovering additional compensation beyond what is available through workers’ compensation.
Third-party claims can cover damages such as pain and suffering, loss of future earning capacity, and other non-economic losses not typically available in workers’ compensation.
While workers’ compensation covers injuries and illnesses sustained on the job, regardless of fault, and provides medical and wage loss benefits, workers’ compensation third-party claims are separate legal actions filed against a party other than the employer and may result in additional compensation for damages not covered by workers’ compensation.
What are some examples of Pottsville work injuries caused by the fault of a third party?
Some of the most common third-party injury claims in Pottsville, PA, include:
- Construction site accidents. Construction workers often work in hazardous conditions, and accidents can occur due to the negligence of subcontractors, equipment manufacturers, or other contractors on the site.
- Motor vehicle accidents. Employees who drive as part of their job may be involved in car accidents caused by other drivers while performing work-related duties.
- Product liability claims. Defective or malfunctioning equipment, tools, or machinery used at the workplace can lead to serious injuries, and the manufacturer or supplier of the faulty product may be held liable.
- Slip and fall accidents. Employees can sustain injuries from slip and fall accidents at their workplace, especially if the property owner or manager failed to maintain safe premises.
- Workplace violence. In some cases, third parties, such as customers or visitors, may cause harm to employees, leading to injuries for which the third party can be held responsible.
- Contractor negligence. When contractors hired by an employer fail to follow safety protocols or perform their tasks negligently, resulting in employee injuries, the contractor may be liable for damages.
- Toxic exposure. In certain industries, employees may be exposed to hazardous substances, and if a third party, such as a chemical manufacturer or distributor, is responsible for the exposure, they may be held accountable for resulting injuries or illnesses.
- Professional malpractice. In some workplaces, such as healthcare facilities, employees may suffer harm due to the negligence of third-party medical professionals, resulting in a medical malpractice claim.
These are just a few examples of common third-party injury claims in Pottsville, PA. It’s essential to remember that each case is unique and requires a thorough investigation to determine liability and pursue the appropriate legal action.
If you or a loved one has been injured at work and you believe a third party may be responsible, our experienced attorneys are here to provide expert legal counsel and guide you through the process of pursuing your claim. Contact Munley Law today for your free case evaluation. We charge nothing until we win your maximum compensation.
Can I file a third-party claim while also receiving PA workers’ comp benefits?
Yes. In Pottsville and across Pennsylvania, you can receive workers’ compensation benefits and pursue a third-party claim simultaneously. These two forms of compensation are separate and independent of each other, allowing you to potentially obtain benefits from both sources for the same workplace injury.
Workers’ Compensation Benefits:
When you sustain a work-related injury or illness, you are entitled to workers’ compensation benefits provided by your employer’s insurance.
Third-Party Claims:
A third-party claim, on the other hand, is a separate legal action filed against someone other than your employer or co-worker who may be responsible for your workplace injury. For example, if you were injured due to a defective product, a negligent driver in a motor vehicle accident, or a contractor’s negligence, you may have grounds for a third-party claim.
Receiving Both Benefits:
Since workers’ compensation and third-party claims involve different parties and legal aspects, you can pursue both simultaneously. The workers’ compensation benefits are provided by your employer’s insurance, while the third-party claim seeks compensation from the at-fault third party. The idea behind this is to ensure that you are fully compensated for all damages resulting from your workplace injury.
Navigating both workers’ compensation and third-party claims can be complex, which is why it’s crucial to seek the guidance of experienced workers’ comp attorneys like us. We are here to help you understand your rights, maximize your benefits, and ensure that you receive the full compensation you deserve for your injuries and losses. If you’ve been injured at work in Pottsville, PA, contact Munley Law today to discuss your case and get the expert legal representation you need.
We’ve been working on behalf of injured workers in PA for more than 60 years and we are ready to fight for your rights every step of the way.
Why should I choose Munley Law to help with my third-party workers’ comp claim?
Our attorneys have extensive experience in handling workers’ compensation cases in Pottsville, PA, and across the region. We are experienced in the intricacies of local workers’ compensation laws and we understand how to navigate the system effectively to secure the best possible outcome for you.
Munley Law will not rest until you receive the compensation you deserve following your work accident or illness.
Call or message us today for your free case evaluation.