Injured Workers’ Rights in Pennsylvania-Recovery Beyond Workers’ Compensation


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Accidents at work are very common, and in certain industries, the injuries tend to be severe. For example, in the logging industry or longshore, marine terminal industry, workers often sustain very severe injuries. Many accidents result in fatalities.

Workers take pride in supporting their families and when a worker suffers such injuries or is killed, the family is left with not only the emotional trauma of the accident and injuries, but also enormous financial hardship.

Beyond Workers’ Compensation: Recovering for Injuries at Work in Pennsylvania

Workers’ compensation is the first kind of benefit available to an injured worker in Pennsylvania. So long as the employer is notified within 21 days, but no more than 120 days after the accident or when a worker knows of a work-related injury, the worker may be eligible for workers’ compensation benefits.

However, in many cases of a work-related accident, there is recovery beyond workers’ compensation. Pennsylvania workers’ compensation law is designed to get the worker back to work as soon as possible. So, workers are only eligible for a certain percentage of their weekly wages, usually somewhere around 66% or less. For workers with serious injuries, receiving only 66% of their salary leaves a large gaping hole in their finances. That’s where a tort claim comes in. Known as “third party tort claims,” these claims may result in full recovery for the injured worker.

Work Accident Laws and Tort Claims in Pennsylvania

In valid third party tort claims in Pennsylvania, injured workers can recover their full lost wages as well as future lost wages. They can also recover past and future medical expenses. They can also receive pain and suffering damages, the one type of damage an injured worker cannot recover in a workers’ compensation claim.

Work accident tort claims begin with analysis and investigation by a knowledgeable lawyer. He or she will review the case and the circumstances of the accident and then advise the worker about whether there is a valid claim against another party. If there is, a lawsuit will be filed to obtain maximum recovery for the injured worker.

Click Here to Access the Workplace & Construction Accident Legal Library

To submit your case for review by our Pennsylvania work accident lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Published: August 31, 2012