Against an all girls religious high school for negligent supervision of a teacher who engaged in sexual conduct with a student on school property
Construction worker suffered serious brain injury after falling 20 feet due to lack of required fall protection
Against a University for Child Sexual Abuse
Against a psychiatric hospital for their failure to prevent a woman in their care from being sexually assaulted.
Against a religious organization because of their negligent supervision of a pedophile priest who sexually abused a child
Against a correctional facility for negligently supervising a guard that physically and sexually abused an inmate in their care
Against child protective services for their failures in preventing the sexual abuse of a child within their care and custody
Defective punch press machinery work accident case.
Dock worker run over by a forklift at a cruise ship terminal causing catastrophic injuries
Nail gun defect case that cause permanent injuries to a worker
Nail gun accident where nail gun discharged sideways resulting in a nail hitting user’s eye
DUI accident, bar alcohol liability & medical malpractice case in Philadelphia (January 2014)
Surgical infection, medical malpractice case in Philadelphia
Drugstore sidewalk fall accident, hip fracture with surgery, filed in Philadelphia
A union carpenter fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
A construction worker fell 20 feet because he was not provided with fall protection
A construction accident involving a union roofer who was working without fall protection and fell from a roof resulting in a permanent paraplegic injury
On the job injury to a union carpenter who fell through an interior mobile scaffold, suffering bilateral calcaneal fractures
A construction accident on the job involving a union roofer who was working without fall protection and fell from a roof resulting in permanent paraplegic injury
Factory supervisor’s hand was crushed at work due to faulty equipment/machine.
Worker sustained severe burn injuries as a result of an electrical explosion.
Chemical exposure causing burn and inhalation injuries to three union carpenters.
Work accident resulting in an above the knee amputation of the worker’s leg
Philadelphia Kimmel Center construction collapse causing catastrophic injuries
Parking garage collapse at an Atlantic City, New Jersey hotel, killing 4 and injuring 30 (largest construction accident settlement in U.S. history)
Stadium demolition accident which occurred when a front loader fell through a ceiling (Philadelphia, PA)
Forklift accident at marine terminal in New Jersey
Crane accident resulting in leg amputation and other injuries during casino construction (Philadelphia, PA)
Construction worker killed when he came into contact with an uncapped, live electrical wire
Injuries incurred in a workplace accident where plaintiff sustained severe burn injuries as a result of an electrical explosion
The electrocution death of a union electrician on the job, when electrical switch gear malfunctioned
Wrongful death of a union carpenter who died on the job after falling through temporary decking at a local bridge
Wrongful death of a tow truck driver who died on the job when he was accidentally run over by his own tow truck
Wrongful death by electrocution of a union electrician on the job, when electrical switchgear malfunctioned
Slip and fall at an airport
Fatal shooting of a tenant at an apartment complex
A woman violently attacked by bar security personnel without provocation
A horrific incident where a woman was killed after her apartment complex was demolished while she remained in the building
Slip and fall case where client suffered serious personal injuries from a fall
A car accident resulting in serious personal injuries to the plaintiff
A tragic case where a man suffered serious permanent injuries when a tree fell onto his car while he was driving along a public road in Bucks County, Pennsylvania
A car crash where the motor vehicle accident resulted in two passengers being killed and another injured, after a restaurant served too much alcohol to the driver of their vehicle
The on the job injury to a union carpenter who fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
Injuries on the job incurred by a factory supervisor when his hand was crushed at work due to faulty equipment
Injuries incurred in a workplace accident on the job where plaintiff sustained severe burn injuries as a result of an electrical explosion
An inadvertent release of dangerous chemicals at a local oil company, causing on the job burn and inhalation injuries to three union carpenters
Construction worker suffered serious brain injury after falling 20 feet due to lack of required fall protection
A construction accident on the job where union laborer was killed while working on the fourth floor of a building because there was no fall protection
Against an all girls religious high school for negligent supervision of a teacher who engaged in sexual conduct with a student on school property
Student sexually harassed and assaulted by high school teacher
Molestation case against sitting state court judge who admitted to the abuse, resigned from the bench and was then disbarred
negligent care of elderly man resulting in hip fractures after fall from hospital bed
negligent transection of common hepatic duct during surgery
71 year old man died due to an undiagnosed e-coli infection
Man died following improper diagnosis and treatment of endocarditis
A construction accident on the job involving union roofer who was working without fall protection and fell from a roof resulting in permanent paraplegic injury
A construction accident on the job involving union roofer who fell from a roof because there was no fall protection and suffered quadriplegia
Nail gun accident where nail gun discharged sideways resulting in a nail hitting user’s eye
Defective punch press machinery work accident case.
For a 67-year-old New Jersey man who suffered serious injury in a motor vehicle accident on the Atlantic City Expressway
For a child who was sexually abused by a clergy member
Union carpenter sustained serious shoulder injuries when he fell after stepping on another contractor’s debris (March 2015)
Against a Christian Board School and other defendants that allowed horrific acts of sexual and physical violence against the young children in their care.
The on the job injury to a union carpenter who fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
Wrongful death by electrocution of a union electrician on the job, when electrical switchgear malfunctioned
Man who was killed when his car fell off of a 3 floor parking garage due to defective vehicle barrier protection system
The collapse of a parking garage at the Tropicana Casino in Atlantic City that injured over 30 construction workers on the job and killed 4 men working on the project (largest construction accident settlement in U.S. history).
Against a fraternity for negligently serving alcohol which resulted in a stabbing assault of two frat party attendees
A workplace accident on the job resulting in below-the-knee amputation of the plaintiff’s right leg
An on the job injury where an union carpenter fell on a construction site and was injured because of defective fall protection equipment
A car crash resulting in a passenger suffering permanent quadriplegic injuries
Each year, hundreds of workers in Pennsylvania and New Jersey are injured in work accidents. Whether it’s a factory in Northeast Philadelphia or a construction site in South Jersey, injured workers often suffer major injuries that necessitate lawsuits.
In most instances, a work injury lawsuit will be settled. After all, judges like to see parties resolve matters without having to go to trial. However, from the perspective of a work injury lawyer in PA and NJ, every single case must be prepared as if trial was inevitable. Insurance companies often low ball settlement offers, and when serious injuries occur, trial is the only way to get the case resolved.
The first factor that impacts settlement value is the nature and extent of the injuries. Were there broken bones or a spinal injury? Was there a traumatic brain injury? There is no way to determine the value without fully investigating the case and giving the injuries time to heal. For one individual, a fractured leg may heal 100% in 8 months without any residual symptoms. For another, the same type of fracture may result in an infection and a non-union, or failure to heal, 18 months later. Timelines for injuries differ and affect settlement value. If an injury does not heal properly or results in permanent symptoms, settlement value can be affected, significantly.
In some cases, there may be factual or legal issues that affect settlement value. Also, laws and court interpretation of laws can and do change. A complex legal issue that was decided in favor of the injured worker by a trial judge may be appealed, or the defense may threaten appeal. These are all factors that can impact settlement value.
Injured workers often want to know what the value of their cases are. Various factors affect the relative settlement value of a work accident lawsuit in Pennsylvania or New Jersey:
In a typical work injury lawsuit, the medical bills can exceed tens of thousands of dollars. In the more severe cases, the medical bills can total hundreds of thousands of dollars. For example, a forklift tips over and falls onto a worker’s leg, causing a major crush injury. The leg has to be amputated. Between the initial emergency room bill, surgery bill and physical therapy, the medical bills could total over $100,000. That’s just for medical treatment of the leg itself. The worker may have also sustained back injuries or a head injury.
The vast majority of injured workers in Pennsylvania and New Jersey will make a workers’ compensation claim. Under the laws of both states, workers’ compensation claimants can obtain financial recovery for work injuries caused by a non-employer party’s negligence (read more about an employer’s liability for a work accident). In other words, injured workers can file both a workers’ compensation claim and a work accident lawsuit.
In most cases, if a lawsuit is successful, the workers’ compensation insurance carrier (or employer) may get reimbursed for payments made through the workers’ compensation claim (medical bills and indemnity/disability payments). These are known as subrogation claims, and are pretty routine in any work injury lawsuit.
If fault is an issue, or if there is evidence that the worker bears some fault for the accident, then the value of the case would be affected negatively. In some work injury cases, the defense may argue that the worker was comparatively negligent, i.e., engaged in some act of negligence that caused the accident.
In both Pennsylvania and New Jersey, the plaintiff in a work injury lawsuit can bear up to 50% of fault. The plaintiff’s recovery is prorated by his or her percentage of fault, up to 50%. If the plaintiff’s negligence exceeds 50%, the plaintiff cannot recover at all. These comparative negligence laws allow plaintiffs to recover, even if they bear some fault in having caused an accident. They will be taken into account when it comes time to discuss settlement.
Here’s an example to show how comparative negligence works. A worker at a commercial work site in Philadelphia is horsing around and falls through a roof opening that was unguarded, which is a violation of OSHA requirements. Even though the general contractor was negligent in failing to provide guard rails, the worker will bear some fault for horsing around, assuming that the act of horsing around led to the accident. In this instance, both the failure to install guardrails and the horsing around caused the accident. If the injured worker was 30% liable for the accident and the value of his case is $100,000, he would only receive $70,000. Therefore, the injured worker recovered less than the full value of his case because he was partially liable.
Our top rated work injury lawyers have received some of the highest lawyer ratings possible from Super Lawyers Magazine. Combined, our attorneys have over 50 years of experience and have obtained over $150 million for injured workers.
If you or a loved one has been seriously hurt in a work accident in Pennsylvania or New Jersey, contact the experienced, top rated work injury lawyers at Laffey, Bucci & Kent for a free, confidential consultation.
We trust our clients wholly. Our only goal is to see justice done. That takes hard work and dedication, but our clients deserve it for us to leave no stone unturned. We always seek maximum compensation.
Jeffrey Laffey, Founding Partner
Because construction sites are busy places, multiple parties may be held liable for a construction accident injury. Injured workers have the legal right to seek compensation for negligence committed by general contractors, subcontractors, owners, architects, etc.
“Tenacious & Dedicated” Jeff stopped at nothing to see my case through.
Philadelphia, Pennsylvania
1100 Ludlow Street, Suite 300
Philadelphia, Pennsylvania 19107
(215) 399-9255