The two most common work accidents are fall accidents and auto accidents. However, there are various other types of work accidents, such as product injury accidents. These types of accidents usually involve equipment or machinery. For example, a worker at a factory outside of Philadelphia is injured while operating a negligently maintained forklift, or a construction worker falls due to a defective safety harness.
These types of claims are often missed. That’s because injured workers often believe that their only legal recourse is a workers’ compensation claim. Pennsylvania law clearly allows injured workers to exercise all legal rights, including the right to seek compensation from product manufacturers and/or equipment maintenance companies. The key is prompt and thorough investigation.
Related: PA Defective Product Accident Law – Manufacturing Defects in Nail Guns
Financial Compensation in Product Injury Work Accident Cases
Workers’ Compensation Benefits
Under the laws of Pennsylvania, workers who are injured while in the course and scope of employment will be eligible for workers’ compensation benefits. This includes medical benefits and treatment.
In addition, when an injury results in temporary or permanent disability, a worker may receive what are known as indemnity payments, i.e., payments for lost time for work. However, these income replacement benefits are not designed to be a total substitute for an injured worker’s lost wages. Rather, only a portion of the injured worker’s wages are paid. The idea is to provide an incentive for an injured worker to get back to work.
More: Steps in a Pennsylvania Workers’ Compensation Claim
Using one of the examples above, the factory worker in Philadelphia who is injured while operating a forklift would be eligible for workers’ compensation benefits.
Financial Compensation in Product Injury Work Accident Lawsuits
Under Pennsylvania law, workers who are injured due to defective or negligently maintained products may have viable claims against product manufacturers and retailers and/or equipment maintenance companies. If liability or fault is proven, an injured worker may be able to receive fair and reasonable compensation for any economic losses caused by the accident and injuries. Injured workers can obtain compensation for medical bills, lost wages, and any other reasonable financial losses. In addition, an injured worker may receive compensation for pain and suffering (non-economic damages). This is a type of claim otherwise unavailable via a workers’ compensation claim.
Injured workers who were injured on/near equipment or machines should contact a work accident lawyer immediately. Prompt and proper investigation is crucial in determining whether a product malfunctioned and why. In these kinds of cases, it is almost always necessary to hire a mechanical expert who can analyze the product.
Work Accident Lawyers
Our law firm focuses on work accident cases, including work related product injury accidents. For a free consultation, please call Click To Call.
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