Of all the counties in Pennsylvania, Philadelphia County sees the most lawsuits for work related accidents. Ordinarily, the chances of going to trial in a work accident case are low. However, over the past few years, work accident cases have increasingly ended up in trial. In fact, all the major insurance companies, especially those which cover work accident cases, employ teams of trial lawyers to defend companies which cause work accidents. Therefore, many work accident cases will end up in trial.
It is important to note that work accident cases are separate and distinct from workers’ compensation cases. In Pennsylvania, workers’ compensation claims are handled outside of the normal court system, and are handled by special Workers’ Compensation Judges (WCJ). WCJs are appointed by the Secretary of Labor and Industry and are attorneys who have practiced workers’ compensation law. Hearings before WCJs are governed by a special set of rules applicable only to workers’ compensation cases. In addition, each WCJ has their own set of procedural rules.
How Work Accident Lawsuits in Philadelphia Get Filed
After a work accident occurs, the injured person (their attorney) will conduct an investigation into the cause of the accident and who the potentially liable parties are. These issues will vary, depending on the type of workplace.
For example, on a construction site accident involving a fall from a roof, an injured carpenter may have a claim against the general contractor for failing to provide guardrails in roof openings. Also, a forklift operator who suffered a major crush injury may have a valid claim against the forklift manufacturer for defectively designing the forklift.
After the case is thoroughly investigated, the lawyer will file a lawsuit in the appropriate court, i.e., Philadelphia County Court of Common Pleas. Here’s where trial skills and reputation come into play. It is crucial that the opposing side knows the plaintiff (injured worker) is represented by a trial lawyer, someone who actually takes cases to trial. The reality is that defense attorneys (those who represent defendants in work accident lawsuit cases) and insurance companies representing the at-fault companies will investigate the plaintiff’s lawyer to determine the chances that they will succeed at trial. Therefore, injured workers who are represented by known trial lawyers have a leg up.
Pennsylvania Work Accident Trial Lawyer. Click To Call
For more information, contact our Pennsylvania work accident trial lawyers. Our lawyers prepare each case for trial and fight insurance companies on behalf of their clients.
**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.