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Question: I was hurt at work at a factory in Philadelphia. What workers’ compensation benefits can I receive?
Answer: After a work accident, a Pennsylvania worker can make a claim for medical benefits with his or her employer, so long as the employer obtained workers’ compensation insurance. In many work accident cases in PA, employers fail to obtain workers’ compensation insurance coverage, leaving their workers in a bind when they are hurt in a work related accident. In PA, an employee may sue an employer who has failed to provide workers’ compensation benefits.
In addition, it is important to note that there are some exceptions to workers’ compensation eligibility. One of the most important eligibility issues involves an employee who fails to notify the employer of the injury within specified time periods. In addition, there are other exceptions. For example, workers who horse around in violation of a direct work order may be barred from making a workers’ compensation claim.
If the injuries are serious, there are additional benefits available under the workers’ compensation system, which include wage loss payments and/or specific loss payments. Wage loss payments are made when an injured worker is unable to return to work for a specified period of time. As a general rule, injured workers who are disabled from working may receive 66.66% of their average weekly wage. Specific loss payments are made in situations when an injured worker suffers an amputation injury, loss of hearing or loss of sight.
Related: Pennsylvania Workers’ Compensation Law – The Basics (Part A)
In addition to workers’ compensation claims, especially in factory accident cases, injured workers may have viable lawsuits against other parties, such as:
- a product manufacturer, distributor, or retailer (defective product injury case);
- a machinery maintenance and supply company (negligent maintenance/repair case);
- a property management company (negligent maintenance); and
- a security company (negligent supervision).
These types of claims are entirely independent of any workers’ compensation claim and can be made regardless of the status of the workers’ compensation claim.
Philadelphia PA Workers’ Compensation & Accident Law Firm
LBK represents workers who are injured on the job. Our lawyers specialize in handling negligence cases against third parties and may handle workers’ compensation cases. Depending on the facts of a given case, the firm may refer the workers’ compensation case to another law firm. Free consultations available, please call Click To Call.
Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
