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.
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.
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.
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.
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.
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