Many injured workers who come to us for legal assistance are often initially concerned about two issues. The first is whether they will have to sue their employers, and the second is whether they will be suing people and other workers that they know.
Related: Pennsylvania Work Accident & Compensation – Do You Have a Valid Lawsuit?
Lawsuits Against Employers in a Work Accident Case
There are no guarantees when it comes to litigating a work accident lawsuit in Pennsylvania. However, as a general rule, injured workers can rest assured knowing that in the majority of cases, employers cannot be sued directly by the injured employees. Basically this means that injured workers are usually not allowed to sue employers for work related accidents.
Instead, work accident lawsuits in Pennsylvania often involve liability of other parties such as other contractors, the general contractor, the property owner, etc. Any one or more of these types of parties will be held liable for negligence which led to the accident.
Related: Laffey, Bucci & Kent Sponsors Philadelphia AFL-CIO 2014 Conference
Lawsuits Against Fellow Workers
Also, some workers are reluctant to bring a lawsuit against people they know. On smaller construction sites, for instance, all workers may know each other. Therefore, a worker who is injured in a major work accident may be reluctant to bring suit against those he knows. As a general rule, work accident lawsuits are not usually filed against actual individuals and instead are filed against the companies. For instance, a typical forklift accident case would be filed against the company which operated the forklift, not necessarily the forklift driver. Of course, each case varies depending on the facts and circumstances.
Related: Jury Trials in Work & Construction Accident Cases in Pennsylvania
Other Factors to Consider
Here are two important factors to keep in mind when considering whether to pursue your legal rights to compensation after a work-related accident.
1. Work accident safety is a major concern in this country.
Oftentimes, contractors sacrifice their own workers’ safety by cutting corners and practicing unsafe work practices. For instance, on any given worksite or construction site in Pennsylvania, there will be multiple OSHA violations. Not only does this put the workers of the specific contractor at risk, but this also puts the rest of the workers at the site at risk. Therefore it is very important for workers who’ve been injured due to the negligence of another party to pursue their full legal rights. This has an overall deterrent effect and can prevent future accidents.
2. Work accident lawsuits can provide needed financial compensation.
Also, injured workers, especially those that are seriously injured and suffer disabling injuries, must be allowed to pursue all courses of action to ensure the future financial security of their families. There is a staggering number of work accidents resulting in disabilities or death in this country, and Pennsylvania is no exception.
Related: Top Work Accident Hazards in 2013 & OSHA Regulations
If you are considering your legal rights after injury in a work accident in the Pennsylvania or New Jersey area, please contact our firm for a free case review. Click To Call
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