Workplace Injuries Resources
Workplace Injuries Resources
What You Need To Know
Sometimes workplace injuries are purely accidental, and sometimes they can be caused by another person’s negligent or wrongful actions. If you have suffered a workplace injury, you may have questions about medical bills, insurance, making a claim, or negotiating a settlement. Read below for commonly asked questions about workplace injuries.
Workplace Injuries Frequently Asked Questions
What is a workplace injury?
Should I get workers’ comp for a workplace injury?
You can find out more about workers’ compensation in the Workers’ Compensation area of our website.
Can I file a workers’ comp claim and a personal injury claim at the same time?
There are a few situations that fall outside the scope of the Workers’ Compensation Act. In these situations, an injured employee may be able to bring a personal injury claim or third party claim and recover more compensation than they would be entitled to through the workers’ comp system. This is because a workers’ comp claim only compensates an employee for economic losses, while a personal injury claim should also compensate a victim for noneconomic damages like the physical pain and emotional trauma of the injury.
Personal injury claims against employers are rare in Pennsylvania. One of the few situations outside the scope of the Act is when an employee is attacked or assaulted by a third party for personal reasons not related to their employment. Sometimes it is possible to show that the employer was negligent by failing to maintain a workplace that is safe for their employees, and hold the employer liable for injuries sustained in the third party attack.
Another situation which may allow for a third party claim for injuries sustained at work is when the employee is injured as a result of a third party’s negligence. For example, if an employee is injured because a piece of equipment is defective, they are in a road accident, or the work site is not properly maintained by the property owner, they may have a third party claim against the equipment manufacturer, negligent driver, or property owner.
What are common workplace injuries?
According to the National Safety Council, the top nonfatal occupational injuries causing employees to miss work in the U.S. in 2020 were:
1. Exposure to harmful substances or environments
2. Overexertion, bodily reaction
3. Falls, slips, trips
4. Contact with objects/equipment
5. Transportation incidents
6. Violence and other injuries by persons or animals
7. Nonclassifiable injuries
8. Fire and explosions
The top ranking category of “Exposure to harmful substances or environments” jumped from 6th place to 1st place in 2020 because it includes days missed due to exposure to COVID-19.
What should I do if I have been injured at work?
Report your injury. In Pennsylvania, you must report a workplace injury to your supervisor within 21 days to be eligible for workers’ compensation benefits. It is advisable to report the injury to your employer or supervisor as soon as it happens, whether or not this will be a workers’ comp claim. If you only inform your supervisor verbally at the time of the accident, you may need to submit a formal written report later but make sure you do this within 21 days so that you are still eligible for workers’ comp, if needed. Keep a copy of all accident reports, medical reports, medical bills, and any other documentation. These will be necessary for your accident claim.
Contact an experienced workplace injuries lawyer for advice on how to proceed with your claim. Workplace injuries and workers’ compensation claims can be complicated and you do not want to limit your compensation because you missed a deadline or did not understand your legal rights.
Do I need an attorney for a workplace injury?
How do I get compensation for a workplace injury?
Who is liable for a workplace injury?
Some of the parties that could be liable in a workplace injury claim could be:
2. Another employee
3. Building or premises owner
4. Property maintenance company
5. Equipment manufacturer
6. Other drivers
Your attorney will investigate your accident to determine who may be liable and should be included in your claim.