If you’ve been injured on the job, you may have several questions about your rights and access to treatment. Below are some of the basic concepts regarding workplace injuries to help you determine if you need the assistance of a Philadelphia workplace injury attorney.
Can I Sue my Job for Injury?
In Pennsylvania, all employers are required to carry workers’ compensation insurance for injuries on the job. This insurance coverage ensures that you will not be burdened with expensive medical bills if you’re injured on the job. The tradeoff is that injured employees cannot sue their employers for their injuries. However, if your employer fails to carry workers’ compensation insurance or they wrongfully deny your claim, you may be able to work with a Philadelphia workplace injury lawyer to file a claim to access those benefits. Furthermore, you may have a legal claim against a third-party whose negligence caused your injury. For example, if you are injured by a faulty piece of equipment, you may have a claim against the manufacturer of that equipment.
How do I know if my Injury is Work-Related?
An injury is work-related when the injury occurs while you are on the job and performing your job duties. A good rule of thumb is that you must be “on the clock.” Therefore, if you are injured while you are on a break or taking lunch, there is a good chance that your injury will not be covered by workers’ compensation, even if you are at your place of employment. A Philadelphia workplace injury attorney can help represent you for injuries sustained while you were not “on the clock.”
What are the Most Common Injuries in the Workplace?
Employees are at risk for numerous injuries in the workplace. Some of the common injuries include:
- Slips, trips, and falls
- Cuts or abrasions
- Strains (especially from repetitive use)
- Crashes and collisions
- Exposure to chemicals
- Exposure to loud noise
- Contact with moving objects
What should you do if you get Hurt at Work?
First and foremost, you should seek medical attention for your injury. As soon as it is reasonably possible, you should then inform your employer of the injury. Pennsylvania’s workers’ compensation law requires that you report your injury within 120 days of the accident. You should inform your employer that you wish to file a workers’ compensation claim and fill out the appropriate paperwork. If you run into complications, you should seek the assistance of a Philadelphia workplace injury attorney.
How long do you have to Sue for a Work-Related Injury?
In Pennsylvania, if you have been injured at work and were denied either medical benefits or wage loss benefits, you have three years from the date of the injury to file a Claim Petition. This can be a complicated process, but a workplace injury attorney in Philadelphia can help you through it.
Who is Responsible for Workplace Injuries?
The interesting thing about Pennsylvania’s workers’ compensation law is that you are entitled to benefits regardless of who caused your injury. It does not matter if you or your employer was at fault for the accident – the employer must provide benefits to the employee. There are a few exceptions for circumstances in which the injury arose out of defective machinery or if willful misconduct is involved. In this case, contact the Philadelphia workplace injury attorneys at the Law Office of Jared S. Zafran.
When should I hire a Philadelphia Workplace Injury lawyer?
If you have filed a workers’ compensation claim, and your employer has either denied that claim or you learn that your employer does not carry workers’ compensation insurance, you should immediately seek the assistance of a Philadelphia workplace injury attorney. Furthermore, if your injury was the result of faulty machinery, equipment, or due to the negligence of an entity that is not your employer, you should similarly contact a Philadelphia workplace injury lawyer to determine if you have a claim against the third party.
If you have been injured on the job and you are concerned about your rights, call the Philadelphia workplace injury lawyers at the Law Office of Jared S. Zafran at 215-587-0038 to discuss your legal rights and determine if you have a case.