Harrisburg Workplace Injury Lawyer
When you are injured while in the workplace in Harrisburg, workers’ compensation insurance is designed to provide you with compensation for your medical bills and a portion of your lost wages. But navigating the workers’ compensation system can be confusing, and sometimes, valid claims are denied. If you have suffered a workplace injury in Pennsylvania and have questions about the workers’ compensation system, our experienced Harrisburg workplace injury lawyers can help.
Employers have the legal duty to provide a safe and healthy work environment for their employees whenever possible. Despite strict workplace regulations, the Occupational Safety and Health Administration (OSHA) reported that an estimated 3 million work-related injuries and illnesses occurred in 2014 alone in the United States, and 4,679 individuals died from injuries sustained on the job.
If you suffer a job-related injury in a workplace accident, you have many rights to compensation set out by the Pennsylvania Workers’ Compensation Act as well as under the legal principle of negligence. Your legal options depend on the circumstances of your individual case and an experienced Harrisburg workplace accident lawyer can evaluate your case and help you seek the financial compensation to which you are entitled. Timing is important after a workplace injury, so please do not delay in contacting the law office of Ira H. Weinstock, P.C. to get started on your case today.
Types of Workplace Injuries
Workplace injuries can be extremely varied. At the law offices of Ira H. Weinstock, P.C., our lawyers have represented workers who have suffered both minor injury types and catastrophic injuries as a result of a workplace accident. Some of the most common injury types we’ve seen include:
- Repetitive trauma injuries – A repetitive trauma injury, also called a repetitive strain injury, is a type of injury that is caused by repetitive movement and overuse. Long hours spent working at a desk in the same position, heavy lifting, using a jackhammer, and more can all lead to a repetitive trauma injury.
- Back and neck injuries – Back and neck injuries are incredibly common in the workplace, especially amongst workers that have to do any type of lifting, ranging from construction workers to healthcare workers. Back and neck strains are especially prevalent, but injuries can also include more serious things such as a fracture to a spinal vertebra.
- Injuries to extremities – Hands, arms, neck, and feet are often the first thing to be injured in a workplace accident. Crush injuries, caught in/in-between machinery injuries, bone fracture injuries, and soft tissue injuries are some of the most common injury types our lawyers see.
Other injury types that are less common but extremely serious include paralyzation injuries, internal injuries, amputation injuries, and traumatic brain injuries.
Who Pays for a Workplace Injury?
The state of Pennsylvania requires that employers within the state carry workers’ compensation insurance. This type of insurance is designed to pay for wage loss and medical benefitsforworkers who are injured while performing work-related tasks. It is no-fault based, which means that workers do not have to prove negligence in order to recover benefits. Benefits available under the Workers’ Compensation Act include:
- Medical benefits;
- Lost wage benefits, including compensation for
- Temporary total disability,
- Partial disability,
- Specific Loss Benefits
- Physical Disfigurement benefits
- Hearing Loss Benefits
- Death benefits.
Workers’ Compensation In Pennsylvania
In most cases, workers’ compensation is the exclusive option for an injured employee to recovery for their injury-related losses. Workers’ compensation provides benefits for medical expenses and wage replacement in exchange for an employee relinquishing the right to file a lawsuit against their employer. If you were injured in the course of your job duties, you should be eligible for workers’ compensation regardless of who was at fault in the accident. The application process can be complex, however, and claims for workers’ compensation can be partially or completely denied. It is extremely helpful to have an experienced workers’ compensation lawyer helping you to ensure you receive the full amount of benefits you deserve under the law.
Filing A Lawsuit Against Your Employer
Under certain circumstances, there may be an exception that gives you the right to file a legal claim against your employer seeking damages for your workplace injury. For instance, you may be able to sue if your injury occurred because of an intentional act by your employer or if your employer failed to properly carry workers’ compensation insurance. Our team can help you determine if your situation falls into one of these exceptions.
Filing A Claim Against A Third Party
If a third party with no relation to your employer caused your injury, you may be able to file a lawsuit against that third party as well as collect workers’ compensation benefits. Some examples of situations in which a third party claim may be appropriate include:
- You are working away from your employer’s workplace and sustain injuries due to a hazard on the premises.
- You drive as part of your job and another driver is texting and crashes into your vehicle.
- You are using a certain piece of equipment or tool that is defective and the malfunction occurs to cause your injuries.
Our Harrisburg Workplace Lawyers Are Here to Help
Even if your injury occurred on the job and you’ve taken all of the appropriate steps to recover compensation for the harm you’ve suffered, it is possible for your employer to deny your benefits or for the insurance company to dispute the amount you deserve. In order to improve your chances of getting your full compensation amount and to understand your rights under workers’ compensation, you need a skilled injury lawyer on your side. Our lawyers have over 100 years of combined legal experience and are highly knowledgeable in workers’ compensation laws.
For your free consultation with our skilled Harrisburg workers’ compensation law firm, please call us today or send us a message telling us more about your case. We work on a 100 percent contingency fee basis.