Workers' Compensation Lawsuits
Workers' compensation laws were originally instituted to help injured workers and their employers avoid expensive, time-consuming lawsuits that assign blame for on the job injuries. That means that if you accept Pennsylvania's no-fault workers' compensation benefits, you are usually not able to sue your employer or collect non-economic damages such as pain and suffering. However, under certain circumstances, you may still be able to pursue a legal claim. An experienced Philadelphia workers' compensation lawsuit attorney can help you evaluate whether the circumstances of your injury give you access to the courts.
Due to Pennsylvania law, the vast majority of workers' compensation claims never find their way to the courtroom. Most injured workers cannot sue their employer for damages related to negligence, unless that employer is not insured (which, in most cases, violates state law). By participating in the Pennsylvania workers' compensation system, an individual waives their rights to sue in exchange for being part of a system that guarantees coverage for injuries. When an individual is denied coverage however, an appeal can be filed and find its way before a workers' compensation judge. During this hearing, an injured worker must produce evidence that shows that they are entitled to workers' compensation coverage.
If a third party -- another person or company that's not your employer -- caused or contributed to the accident that hurt you, that party may also be liable under all the laws that govern injuries outside the workplace. In this case, you may claim workers' compensation while pursuing a personal-injury lawsuit against the third party. A third party is any person or organization that is not your employer or a co-worker, such as a manufacturer of defective equipment or the driver of a car that hit you while you were at work. You are free to sue this party while also collecting workers' compensation benefits. However, you cannot recover any money in Pennsylvania if a jury believes you were more than 50% at fault for your injuries.
Special circumstances, like when an employer retaliates against you after you have made a workers' compensation claim against them or when an employer does not have insurance or is self-insured, can open the door for the filing of a workers' compensation lawsuit in the state of Pennsylvania. Your best course of action for determining your rights, however, is to contact an experienced workers' compensation attorney in PA to explore your legal options and discuss your specific situation personally.
At Cherry Fieger & Marciano, LLP, our goal in every workman's comp case is to help our clients get the benefits they're entitled to without having to fight red tape and hostile insurance companies. If you're already hurt and losing income, every day counts. Our Pennsylvania Workers' Comp Attorneys work exclusively with injured Pennsylvanians, so we know you have a lot on your mind. Our goal is to take the burdens of your Philadelphia workers' comp case away and let you concentrate on getting better, while keeping you well-informed about your case's progress.
Choosing The Right Workers' Compensation Attorney
All too often, our attorneys see clients who make mistakes in choosing their personal injury and workers' compensation attorneys. While the most important factor in selecting an attorney to represent you in your workers' compensation lawsuit is the depth of the attorney's knowledge, skill, judgment and experience in handling claims like yours, their are many other factors that should be considered. Attorney David Cherry has written an article detailing the most common mistakes made when choosing a union workers' compensation attorney.
Read More: 9 Mistakes To Avoid When Choosing A Union Workers' Compensation Attorney
Please visit our Philadelphia workers' compensation website for more information regarding Pennsylvania workers' compensation cases.
Contact Us Today! WE CAN HELP YOU!
If you have been seriously injured in the state of Pennsylvania by the negligence of another and if you have questions or concerns about your legal rights, please don't hesitate to call. Our Pennsylvania injury attorneys are available 24 hours a day to speak with you, and we welcome all calls at no charge. Contact us today at 215-268-6623.
