After a work injury or accident in Philadelphia, one of the first issues that arises is whether another party is liable for the accident. Is the employer liable? If not, is another party liable?
In this article, our work injury lawyers only discuss the role of injury lawsuits, not workers’ compensation, after a work accident. Workers’ compensation is not about liability, or whether someone is legally liable for a work accident. Pennsylvania Workers’ Compensation Law doesn’t consider fault when it comes to making a claim for workers’ comp benefits. If you’re injured while on the job in Philadelphia, you’re eligible for workers’ comp benefits. Period.
Visit the Pennsylvania Work Injury Law Library for dozens of legal articles on workers’ rights, compensation and more.
Liability or Fault After a Work Accident in Philadelphia
Workers in Philadelphia who are injured in an accident at work often forego making a legal claim to recover financial compensation. Oftentimes, it’s due to simply misunderstanding their legal rights or waiting too long to seek legal help. Under Pennsylvania law, an injured worker has the legal right to seek compensation from a non-employer party, like a contractor or subcontractor. In other words, an employer usually can’t get sued for causing a work accident, but other parties can.
For example, a worker trips and falls on a construction site and suffers a serious leg fracture that requires placement of pins and hardware. The worker, who is employed by a roofing contractor, tripped over a piece of debris from a nearby scaffold that was constructed and maintained by a scaffolding company. The worker may be able to bring a claim against the scaffold company, but not his employer.
It’s important to note that in some limited situations, an injured worker may be able to sue an employer for a work accident. However, these situations tend to be few and far between. Read more about employer liability after a work accident.
Also, it’s not uncommon for an injured worker to consult with a work injury lawyer when it’s too late to take action, past the 2 year statute of limitations period that applies to work injury lawsuits in Pennsylvania. Using the same example, the injured worker waits over 2 years to speak to a lawyer about his case. Even though he had a perfectly valid case, he would be unable to proceed because he waited too long. Under PA law, you have 2 years from the date of the accident to file your work injury lawsuit.
Philadelphia Work Injury Lawyers
Our Philadelphia work accident lawyers focus on all types of work accident cases including construction accidents, factory accidents and complex machinery accidents. We’ve recovered well over $150 million in work injury cases alone. Call for a free consultation. Our main office is located in Center City on Walnut Street. But if you can’t come to us, we will come to you. (866) 641-0806
DISCLAIMER: 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. Read full disclaimer at the bottom of this page.