Answer: Many injured workers may make both a workers’ compensation claim AND a separate work accident claim (i.e., a negligence or tort claim). The problem is that the majority of injured workers believe that they only have rights to make workers’ compensation claims. This is completely inaccurate. The reality is that the facts and circumstances of many work accidents will support negligence/tort claims.
Figuring out whether there is a valid work accident (negligence) lawsuit in Philadelphia requires investigating how the accident happened and who the liable parties are.
Determining how a work accident happened requires looking at various factors, not just the thing which caused the injury (i.e., a forklift in a workplace forklift accident). Other issues will need to be analyzed, such as who controlled the workplace, whether other parties were involved, and whether a product defect contributed to the accident.
The Importance of Gathering Evidence Quickly
In the aftermath of a work accident, gathering evidence is crucial because the thing which caused the injury may be disposed of or otherwise disassembled. For instance, in a scaffold collapse and fall accident case which occurs due to negligence when the scaffold was initially constructed, it will be crucial to identify the defect before the scaffold is disassembled and removed from the worksite.
In addition, if a product defect contributed to the injury, or negligent machine maintenance caused the accident, it will be crucial to have the product or machine preserved in its original state, so that the right expert can perform analysis and testing to determine the exact nature of the defect or negligence in maintenance.
In addition, it is important to evaluate the individuals and entities in control of the location where the accident occurred and the relationship between those in control of the location where the accident occurred. That is because often, contracts between the relevant parties control all responsibilities and liabilities. Therefore, by contract, a party may be liable because it assumed safety duties or maintenance duties.
Financial Recovery in a Philadelphia Work Accident Case
- medical bills,
- lost wages,
- other economic losses, and
- pain and suffering.
In addition, where the facts support a finding that the injured worker’s spouse suffered due to a change in the marital unit, the spouse may have a claim for what is known as, “loss of consortium.” A loss of consortium claim may lead to additional financial compensation for any damage to the marriage caused by the accident and resulting injuries.
To find out if you have a valid work accident case, please call our office for a free consultation. Click To Call
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