Answer: There are two potential types of claims in work accident cases in Pennsylvania: a workers’ compensation claim and a negligence claim. The type of financial compensation available varies, depending on the type of claim. It is important to note that individuals injured in accidents at work can make both claims. Workers frequently believe they can only make a workers’ compensation claim; this is simply not the case.
Compensation for Workers’ Comp Claims
In general, workers’ compensation will cover medical bills and lost wages incurred as a result of an accident at work. However, there are two important things to note about how the workers’ compensation pays lost wages or disability wages. First, workers injured in this state are only entitled to a percentage of their average weekly wage and will not receive 100% of their lost wages. Second, workers’ compensation claims do not provide any compensation for pain and suffering.
Related: Pennsylvania Workers’ Compensation – Do You Qualify for Workers’ Compensation Benefits?
Compensation for Work Accident Negligence Claims
Under Pennsylvania law, an injured worker is entitled to seek justice when a party commits a wrongful act which caused or contributed to the work accident. This requires taking the negligent party to court, or filing a civil negligence lawsuit. These kinds of cases are commonly referred to as “third party cases.” Generically speaking, the “third party” refers to someone other than the employer.
In a negligence lawsuit, be it a work accident case or a fall down accident case, the negligent party (the defendant) may be ordered to pay damages to the injured party (the plaintiff), such as:
- pain and suffering,
- medical bills, and
- lost wages.
Related: Compensation for Accidents at Work, Injured at Work in Pennsylvania?
How much financial compensation can you receive?
Determining how much financial compensation an injured worker can receive depends on two factors:
1. the nature and extent of the accident and resulting injuries, and
2. how the injuries affected the individual.
PA Work Accident Law Firm
Our lawyers have represented workers throughout the PA and NJ area and recovered millions. For a free case review, please call Click To Call.
- $101 million – 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).
- $13 million – A workplace accident resulting in an above the knee amputation of the plaintiff’s right leg
DISCLAIMER: Since each case is unique, discussion of prior outcomes and settlements in past cases is no guarantee of a similar outcome in current or future cases. This website does not create any attorney-client relationship or provide legal advice. It is crucial to speak to a qualified lawyer prior to making any decision about your case.