Workers are usually barred from suing their employer even if the employer was one of the parties responsible for the unsafe condition that caused the accident. A worker is not barred, however, from suing other parties – other contractors on a job site, product manufacturers, or property owners, for example — if the third party’s negligence was the cause of the worker’s injury. The Philadelphia workplace injury lawyers at Youman & Caputo have a track record of success handling serious workplace accident cases. Our attorneys understand how to identify potential claims, how to prove the case, and how to negotiate with workers’ compensation carriers at the end of a successful case to reduce liens and maximize their clients’ recoveries.
The workplace injury verdicts and settlements that Youman and Caputo have won in their careers include:
If you have suffered a serious workplace injury in Pennsylvania, contact the attorneys at Youman & Caputo as soon as possible. We offer a free and confidential case evaluation and charge no fees unless we successfully recover compensation on your behalf.
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Common Causes of Workplace Injuries
What Are Examples of Injuries Occurring in the Workplace?
What Industries Have the Highest Injury Risk?
What is Third-Party Negligence?
What Expenses Can You Recover?
Can a Workplace Injury Result in a Lawsuit?
Why Should I Hire a Philadelphia Workplace Injury Attorney?
How Much Does a Workplace Injury Lawyer Cost?
Exceptions for Workplace Injuries
Applicable Time Limitations on Workplace Injuries
What if a Workplace Accident is Fatal?
What Should You Do if You Get Hurt at Work?
Speak to an Attorney Today
Workplace injuries and deaths can happen for a wide range of reasons, but they often result from the negligence or wrongful conduct of parties other than the employer.
Historically, common causes of workplace injuries in Philadelphia and throughout Pennsylvania include:
According to the U.S. Bureau of Labor Statistics, there were 148 fatal work injuries in Pennsylvania in 2020. Thousands of other Pennsylvania workers were sent to emergency rooms with serious occupational injuries and illnesses. A worker may never be the same after a major accident at work.
Examples of workplace injuries in Philadelphia include:
No matter what type of injury or illness a worker is diagnosed with, he or she will qualify for workers’ compensation benefits in Pennsylvania if the incident occurred within the course and scope of employment. In addition, if the injury resulted from the negligence or wrongful conduct of a party other than the employer, the injured worker may be able to file a lawsuit against that third-party seeking additional damages. The attorneys at Youman & Caputo help Philadelphia workers with all types of serious injuries – including catastrophic injuries and permanent disabilities – pursue justice.
A workplace injury can happen in any industry, in any location and work setting. Statistically, however, certain industries have a higher risk of worker injury than others. Dangerous industries can contain health and safety hazards such as heavy machinery and equipment, toxic substances, power tools, working from heights, and unsafe work environments.
The following industries have the highest number of worker injuries and deaths:
If you believe negligence by a party other than your employer caused you to suffer your work injury, you may be eligible for financial compensation through a third-party lawsuit.
Third-party negligence refers to bodily injury caused to a person because of a negligent or reckless third party’s actions or omissions. Under the Pennsylvania Workers’ Compensation Act, you can not sue your employee or coworkers for negligence in causing your injury. However, if a third party is responsible or did not exercise due care in causing your injury, then you can bring a lawsuit against that third party.
Third-party claims can be brought against:
Determining third-party negligence and identifying negligent parties can be difficult and complex, however. Each case is determined by your individual circumstances and your best interests. Our catastrophic injury attorneys in Philadelphia always fight to recover the maximum amount of damages possible in your case.
While a workers’ compensation claim can provide certain benefits to cover medical expenses and replace a portion of lost wages, this recovery is often inadequate to compensate an injured worker in cases involving serious injury. However, if a third party was responsible for your injury, you can seek monetary damages outside of the workers’ compensation system. This includes damages for past and future medical costs, loss of earnings, loss of future earnings, property damage, emotional distress, and other pain and suffering. In limited circumstances, there may also be punitive damages that are available if the third party’s wrongful conduct was reckless or malicious.
Expenses can quickly add up after a workplace incident, particularly if the victim suffers a life-changing wound. A spinal cord and brain injury attorney in Philadelphia can help you assess your legal options following a serious workplace accident.
Damages rarely can be recovered from either your employer or a third party if it is found that an injury or death that took place in the workplace was intentionally self-inflicted or is caused by the injured party’s illegal use of drugs or alcohol while in the workplace.
Unfortunately, it is often difficult for injured employees to know if or when a third party may be liable for their injuries. As a result, if you suffered any serious injury on the job, you should speak with an attorney as soon as possible. A Philadelphia workplace injury attorney from Youman & Caputo can help you determine if you are entitled to compensation as a result of your workplace injury based on your individual set of circumstances.
Yes, in certain circumstances. To file a personal injury or wrongful death lawsuit after a workplace accident in Philadelphia, you must have evidence of someone else’s negligence. Negligence is the basis of most civil suits in Pennsylvania. It means a failure to act with reasonable care.
When negligence causes harm to another person, the injured victim has the right to file a lawsuit – even if the accident occurred in the workplace. Note that with a strict product liability case, you do not need proof of negligence. It is enough to show that the product contained a defect and that this was a cause of your injury or a loved one’s death.
The challenge facing an injured worker is often identifying whether any party other than the worker’s employer was at fault in causing the accident. If not, the worker’s rights are limited to a worker’s compensation claim. But if a workplace injury was caused by a defective product, or another contractor on a job site, or a premises owner, for example, then the injured worker may be able to file a lawsuit and seek damages that are not available in a worker’s compensation claim. An experienced workplace injury attorney can conduct the investigation necessary to determine whether a party other than the employer is at fault.
A law firm will have the resources, personnel, connections to highly qualified experts and trial experience to strengthen your work injury claim and obtain you the compensation that you deserve.
At Youman & Caputo, you won’t owe us a dime unless and until we win your case. We take cases on a contingency fee payment arrangement, meaning if your work injury claim does not result in financial compensation for your losses, you will not owe us any fee or costs. If we do win your case, we will charge our fee as a percentage of the settlement or judgment award won.
While you cannot bring a lawsuit against your employer for negligence in causing your injury in most cases, there are certain exceptions where they may be held liable, such as where an employer fails to maintain mandatory workers’ compensation insurance. Additionally, if you are an independent contractor, meaning you are not an employee of your employer, then you may be able to bring an action for workplace damages because the company you work for is not legally your “employer” and therefore, you are exempt from workers’ compensation.
Regardless of your specific circumstances, after you are injured you should contact a workplace injury attorney right away. If you consult with Youman & Caputo they will work to achieve the best possible outcome for your case and will work with you to determine if your injury is subject to an exception of a workplace injury.
In Pennsylvania, in cases involving wrongful conduct by a third party, the statute of limitations is most often two years from the date of the injury or the discovery of the injury although the deadline can be longer depending on the age of the injured party and the nature of the claim. While this may seem like a long window, investigating a working injury incident and building a strong claim can be a long, difficult process. To ensure that a potential case is filed within the statute of limitations, anyone who has suffered a work injury should speak with an attorney as soon as they are able to do so.
You may be able to file a workplace wrongful death claim for the tragedy of losing a loved one in a fatal work accident in Philadelphia. A wrongful death claim is similar to a personal injury lawsuit – both require proof of someone else’s negligence. However, it is a lawsuit surviving family members can file for damages associated with the death of a loved one in the workplace.
Financial damages may include:
A successful workplace wrongful death lawsuit in Philadelphia could help your family move forward with greater financial security after a tragic accident. While no amount of money can make up for a death in your family, filing a lawsuit can hold a negligent party or wrongdoer accountable – hopefully providing the resources needed to meet your family’s financial obligations.
If you get injured at work in Philadelphia, you do not have to go through the ordeal alone. You should take certain steps quickly to protect your rights to pursue financial compensation. Here’s what to do:
If you or a loved one has suffered a serious injury at work, it has likely had a drastic impact on your life. However, depending on the circumstances, you may be eligible for financial compensation to cover lost wages, medical bills, and pain and suffering. At Youman & Caputo, our Philadelphia workplace injury attorneys understand how difficult dealing with a work injury can be, how to properly investigate work injury cases, and how to maximize compensation for our injured clients. Call today for a free and confidential consultation.
