Pennsylvania is home to a robust industrial sector. Thousands of Pennsylvanians work in manufacturing plants, steel plants, chemical plants, power plants, construction sites, and other high-risk industries. Even with safety measures in place, accidents happen. If you suffered a work-related injury, you are probably facing a mountain of medical bills at a minimum. In the event of a catastrophic injury, you are likely drowning in medical bills and struggling to adjust to a life with permanent disability. A work injury attorney can help you get the compensation you need and deserve.
Industrial Accident Injury Claims: What You Need to Know
When you have suffered injuries from an industrial workplace accident, you may be able to seek financial compensation. An industrial injury lawyer will tell you the options in your specific case during your no obligation consultation. The most common types are workers’ compensation (often called workers comp) and third party accident claims, which include personal injury claims, product liability, and premises liability.
Workers’ Compensation Claim
Workers’ comp law allows workers injured in the scope of their employment to seek workers’ compensation benefits even when the employer wasn’t negligent. This type of benefit is called a no-fault benefit, which differs from third party claims where you need to show the other party was at fault. Workers’ comp financially protects employees injured on the job and is paid by the company’s workers’ compensation insurance.
Generally, you cannot file a workers’ compensation claim and a personal injury lawsuit against your employer or colleagues. You may be eligible to file both types of claims when a third party is at fault in your case.
Personal Injury Claim
A personal injury claim may be appropriate in addition to workers’ compensation if a negligent third party caused or contributed to the incident. This can occur if a contractor, subcontractor, or other third party working at your industrial site is negligent.
For example, if a contractor is hired to operate a specific piece of equipment, while they are doing so, they don’t follow the necessary safety requirements, causing an accident. If you are injured, you may be entitled to seek personal injury damages from the contractor or their employer.
In these cases, your personal injury lawyer will need to prove that the third party was negligent and that their negligence was a direct cause of the dangerous work environment that caused your injuries.
Product Liability Claim
A product liability claim may be appropriate in your case if a defective product caused or contributed to the accident and your workplace injuries. In industrial accidents, product liability claims typically involve defective or faulty machinery, tools, or safety equipment.
Premises Liability Claim
Premises liability claims are a type of personal injury case where a dangerous condition on your work premises caused an industrial accident. This type of claim can be appropriate if your industrial worksite is owned by someone other than your employer. If there is a hazardous condition that directly caused or contributed to the industrial accident, your attorney may argue that the property owner violated their duty to maintain a safe workspace for its tenants.
Workers’ Compensation vs. Personal Injury
Personal injury cases hinge on fault. A person or company cannot be held liable in a personal injury lawsuit if the attorney cannot prove that the party’s negligence caused or contributed to the accident. In workers’ compensation, no party needs to be at fault.
In both cases, injured workers are compensated by insurance companies following negotiations and, in some cases, litigation with the worker’s attorney.
These cases differ in who they are filed against. Workers’ compensation is filed against your employer. A personal injury lawsuit will be typically filed against a third-party. There are only a few rare scenarios where filing both workers’ comp and personal injury claims against your employer may be appropriate.
Contact Munley Law today for a free consultation to understand your legal rights after an industrial accident.
Compensation Available for Industrial Accident Victims
Workers who suffer moderate or severe injury in an industrial accident are often entitled to fair compensation, typically through workers’ compensation benefits. When your injury forces you to miss many days or work for medical treatment and rehabilitation, suffer permanent disability, or injuries that make it impossible for you to return to your previous job, you need to seek compensation. The type of compensation you can recover for the claims discussed above can include:
- Emergency medical care
- Medical expenses
- Rehabilitation costs
- Specific loss payments
- Lost wages and benefits
- Pain and suffering damages
- Long-term disability benefits
- Death benefits
Don’t let medical bills overwhelm you. Let our industrial accident attorneys fight for the compensation you deserve.
Critical Steps After an Industrial Accident
When you have suffered serious injuries in an industrial accident, a legal claim may be the last thing on your mind. But there are critical steps you should take to preserve your legal rights.
Getting immediate medical attention should be your top priority. You want all of your accident-related injuries to be documented. Keep a record of all your medical expenses, medical bills, and health services you receive.
You will want to contact an industrial accident lawyer as soon as possible. Your injury lawyer will help you collect important incident documentation and preserve evidence. The type of evidence they will look for includes accident reports, witness statements, surveillance footage, and more. Your attorney will thoroughly investigate your accident and work with expert witnesses to build your case.
Time matters after an industrial accident. Reach out to our experienced team to protect your rights.
Common Industrial Accident Causes We Handle
Industrial workers are exposed to all kinds of dangerous conditions that the average person never even thinks of. While most people are at a desk or behind a cash register, when you’re an industrial worker, you are at risk of an accident all the time, even with safety measures in place. Our law firm has seen all types of workplace accidents, but the most common industrial accidents we see are:
- Heavy machinery accidents
- Chemical exposure
- Falling objects
- Equipment malfunctions
- Electrical accidents
- Exposure to toxic or hazardous substances
- Confined space incidents
- If you’ve been injured in any type of industrial accident, our attorneys have the expertise to help.
Finding the Right Industrial Accident Attorney
When you or a loved one has suffered a catastrophic injury, your entire life changes. You don’t have the time or energy to deal with inadequate attorneys. You need a law firm with attorneys well-versed in industrial accidents who can file and defend a strong industrial injury claim on your behalf. Plus, having an attorney with a deep understanding of the workers’ compensation claims process allows you to get the best compensation possible.
You want to choose someone with a strong success record. At Munley Law, our attorneys have recovered millions of dollars for our workers’ compensation and personal injury lawsuit clients. Our excellence in obtaining high settlements and verdicts for our clients has earned our attorneys membership in the Million Dollar Advocates Forum, an honor given to less than 1% of attorneys in the country.
Our law firm has an entire team of attorneys, paralegals, and support staff, meaning we always have the resources to dedicate 110% to your case. However, our communication style makes Munley Law stand out from other firms. We are always only a phone call away when you have questions or concerns, and we update you every step of the way.
Our team knows you are going through the worst time in your life, but you don’t have to go through it alone. Schedule a free consultation with our award-winning industrial accident lawyers to discuss your case.
Industrial Accident Claim Deadlines
Typically, if you’ve been injured in an accident in Pennsylvania, you have two years from the date of the accident to file a lawsuit for compensation. This two-year deadline is called the statute of limitations. Once this period expires, you permanently lose your right to seek compensation through the courts. You must file your claim before the two-year mark to protect your legal rights.
The workers’ compensation claims process is a bit more complicated. In most cases, you will have three years from the date of the accident to file a workers’ compensation claim. If the injuries suffered were related to an occupational disease, the timeline is different, and you have 300 weeks (a little over five and a half years) from the last date of your employment in the hazardous occupation to file a claim.
An occupational disease is any illness or condition associated with your particular occupation or industry. Occupational diseases can include diseases you get in response to toxic exposure, such as:
- Mesothelioma from asbestos exposure
- Silicosis from exposure to silica dust
- Lead poisoning from exposure to lead-based paint or other lead-containing materials
- Radiation sickness from exposure to radiation at a nuclear power plant or healthcare radiology facility
- Cancers related to prolonged exposure to carcinogens like coal tar or benzene
- Respiratory diseases from chemical exposures in industries such as manufacturing or agriculture
Occupational disease can also include things like hearing loss from working around loud machinery and carpal tunnel syndrome that can occur from long-term repetitive physical tasks.
It is important to know that you must notify your employer of the accident within 120 days of the accident, or you cannot seek benefits under workers’ comp.
The claims process can be lengthy. Your attorney will do everything possible to negotiate the maximum settlement with the insurance company to get you what you deserve and have it paid as soon as possible.
Some workers’ compensation claims are litigated, and they can take over a year to resolve. During your free consultation, your industrial injury lawyer can provide you with the timeline they think is feasible in your case.
Don’t risk losing your right to compensation. Contact Munley Law before time runs out.
Preventing Industrial Accidents
While working in an industrial setting inherently has risks, there are steps you can take to prevent accidents and workplace injuries.
- Follow all workplace safety protocols and encourage colleagues to do the same
- Keep up with all training requirements and brush up on training as necessary
- Follow all manufacturer instructions on proper equipment use
- Follow all manufacturer-recommended equipment maintenance and do it on schedule
- Conduct risk assessments
If your employer’s negligence led to your injury, let us help you hold them accountable.
Understanding Your Rights as an Injured Worker
If you’re injured on the job, understanding your rights is essential to ensuring that you receive the protection and compensation you deserve. As an industrial, you have specific rights under both federal and Pennsylvania laws to help safeguard your well-being and ensure safe working conditions.
Right to Medical Treatment
Under workers’ compensation laws, your employer’s workers’ compensation insurance company is required to cover all reasonable and necessary medical expenses related to your industrial accident. In Pennsylvania, the law allows some restrictions on where you can obtain this medical care. Your employer or their workers’ compensation insurance company may require you to get care from an approved provider. Even with this requirement, you are entitled to get a second opinion if you feel the quality of the care you received at the first provider doesn’t meet your medical needs.
Right to Report Unsafe Conditions
Under the law, you have the right to report unsafe working conditions. The Occupational Safety and Health Administration (OSHA) accepts anonymous (and non-anonymous) complaints from workers who observe unsafe conditions, practices, inadequate safety measures, and more at their place of employment. Once OSHA notifies your employer of a complaint, they are legally obligated to respond to the report and address all legitimate concerns relating to workplace safety.
Protection Against Retaliation
If you have been injured in an industrial accident at work, you may be afraid to report your injury or file for workers’ compensation. It is illegal for your employer for your employer to punish you or others for filing workplace injury claims. Common forms of retaliation include:
- Wrongful termination
- Reduction of hours when you have the capacity to work
- Demotion
If you are discriminated against in any way following reporting an injury or filing a workers’ comp claim, you need to file a complaint with OSHA and the Pennsylvania Department of Labor and Industry.
Right to Refuse Unsafe Work
Under OSHA guidelines, you have the right to refuse to perform work that poses a clear risk of injury or death. If there is no immediate way to make the dangerous situation safer, then you can refuse work without facing discipline or termination. If you aren’t sure if you are legally allowed to refuse work in a specific scenario, work injury lawyers can provide guidance.
Don’t let employers violate your rights. Speak with our industrial accident attorneys today.
