When a person is injured at work, either while working, on their authorized break, traveling, or at an off site location, it is considered a workplace injury. An injury sustained while commuting to or from work, or while at your place of employment for non-work reasons (such as using the photocopier after hours for your baseball league fliers,) will likely not be considered a workplace injury. Workplace injuries can happen for a variety of reasons, from slippery floors to malfunctioning equipment or road accidents, and the consequences can be life-altering for a victim.

In Pennsylvania, workers’ comp or workers’ compensation is the usual and almost exclusive remedy for injuries sustained on the job. The majority of Pennsylvania employers are required by law to carry workers’ compensation insurance, and employees are legally prevented from pursuing their employer for compensation for a workplace injury outside the workers’ comp system. There are few exceptions to this. Workers’ comp is also a no fault system so it compensates the injured employee whether or not the employer or employee are at fault for the injury. Workers’ comp only provides compensation for an employee’s medical expenses, lost wages, and other economic losses, and, unlike a personal injury claim, does not compensate for non-economic losses, such as pain and suffering.

You can find out more about workers’ compensation in the Workers’ Compensation area of our website.

In Pennsylvania, the majority of workplace injuries will fall under the Pennsylvania Workers’ Compensation Act. While the Act provides a system for compensation for employees, it also prohibits employees from bringing a personal injury claim against their employer for injuries that are covered by the Act.

There are a few situations that fall outside the scope of the Workers’ Compensation Act. In these situations, an injured employee may be able to bring a personal injury claim or third party claim and recover more compensation than they would be entitled to through the workers’ comp system. This is because a workers’ comp claim only compensates an employee for economic losses, while a personal injury claim should also compensate a victim for noneconomic damages like the physical pain and emotional trauma of the injury.

Personal injury claims against employers are rare in Pennsylvania. One of the few situations outside the scope of the Act is when an employee is attacked or assaulted by a third party for personal reasons not related to their employment. Sometimes it is possible to show that the employer was negligent by failing to maintain a workplace that is safe for their employees, and hold the employer liable for injuries sustained in the third party attack.

Another situation which may allow for a third party claim for injuries sustained at work is when the employee is injured as a result of a third party’s negligence. For example, if an employee is injured because a piece of equipment is defective, they are in a road accident, or the work site is not properly maintained by the property owner, they may have a third party claim against the equipment manufacturer, negligent driver, or property owner.

Workplace injuries will differ depending on the type of job and job location. A construction worker is more likely to be involved in an accident with a piece of heavy equipment, while an office worker may be at higher risk of carpal tunnel syndrome, and a salesperson may be more likely to be a victim of a vehicle accident.

According to the National Safety Council, the top nonfatal occupational injuries causing employees to miss work in the U.S. in 2020 were:

1. Exposure to harmful substances or environments
2. Overexertion, bodily reaction
3. Falls, slips, trips
4. Contact with objects/equipment
5. Transportation incidents
6. Violence and other injuries by persons or animals
7. Nonclassifiable injuries
8. Fire and explosions

The top ranking category of “Exposure to harmful substances or environments” jumped from 6th place to 1st place in 2020 because it includes days missed due to exposure to COVID-19.

If you have been injured at work, the first priority is the health and safety of you and those around you. You should tend to urgent injuries and notify someone immediately to make sure the area is safe. If you need emergency medical attention, call an ambulance or go to the emergency room as soon as possible. If your injuries are not urgent, you should still see a healthcare provider to have a full evaluation of your injuries and treatment if indicated. Ask your employer for a list of medical providers that are approved for workers’ comp for non-emergency treatment. If your attorney advises you that this should be a workers’ comp claim, you can use the providers on this list. If your employer does not provide a list or this is not a workers’ comp claim, you can choose any doctor.

Report your injury. In Pennsylvania, you must report a workplace injury to your supervisor within 21 days to be eligible for workers’ compensation benefits. It is advisable to report the injury to your employer or supervisor as soon as it happens, whether or not this will be a workers’ comp claim. If you only inform your supervisor verbally at the time of the accident, you may need to submit a formal written report later but make sure you do this within 21 days so that you are still eligible for workers’ comp, if needed. Keep a copy of all accident reports, medical reports, medical bills, and any other documentation. These will be necessary for your accident claim.

Contact an experienced workplace injuries lawyer for advice on how to proceed with your claim. Workplace injuries and workers’ compensation claims can be complicated and you do not want to limit your compensation because you missed a deadline or did not understand your legal rights.

Yes, you should speak to an attorney if you have been injured at work. Most workplace injuries will be covered by the Pennsylvania Workers’ Compensation Act but there are some that are outside the scope of the Act and may be eligible for a personal injury claim which can recover greater compensation for your injuries. Any legal claim must follow deadlines and procedures, and an attorney will help to ensure that you comply with the law, are protected from powerful employers and their insurers, and fight to get you the compensation that you need and deserve.

You can get compensation for a workplace injury either by filing a Workers’ Compensation claim with your employer or, in limited circumstances, by bringing a legal claim against an at-fault party. A workers’ comp claim will compensate you for your medical expenses, lost wages, and other specific economic losses, while a third party or personal injury claim will make you eligible for a higher level of compensation including damages for your pain and suffering. At CFAR, our attorneys are experienced in recovering maximum compensation for our clients either through the Workers’ Compensation system or by a third party claim. Contact one of our lawyers today for a free, no obligation consultation.

When you bring a legal claim for a workplace injury, the facts of your particular situation will determine who may be liable. If the injury happens because an employee is involved in a vehicle accident while on a work delivery, a negligent driver could be liable. If the injury is a result of a dangerous condition at a work site parking lot, the property owner may be liable. Sometimes more than one party can be partly liable for a workplace injury, and typically, defendants will carry insurance so their insurance company will also be involved in the claim.

Some of the parties that could be liable in a workplace injury claim could be:

1. Employer
2. Another employee
3. Building or premises owner
4. Property maintenance company
5. Equipment manufacturer
6. Other drivers

Your attorney will investigate your accident to determine who may be liable and should be included in your claim.

It is not possible to estimate a general settlement or compensation amount for a workplace injury because the severity of an injury and the effect it has on a victim’s life can be very different in different cases. An attorney with experience in workplace safety claims, like the lawyers at Cohen Feeley Altemose & Rambo, can advise you on the range of compensation that cases similar to yours have been awarded in the past, but no lawyer can guarantee an amount of compensation.

The time that a workplace injury claim can take depends on many factors such as when the claim is filed, the value of the claim, the relationship between the parties involved, the policies of insurance companies, and even the schedule of a court or mediator. Our attorneys try to resolve claims as efficiently as possible for our clients while also obtaining the best possible compensation for their injuries.

When you hire an attorney, you should always ask them about their fees policy. Most personal injury attorneys, including the lawyers at CFAR, will offer a free consultation at which you can discuss your case with the attorney and ask questions about your potential claim, including how you will be charged attorneys’ fees. Many attorneys will take a workplace injuries case on a contingency basis, meaning that you will only be charged attorney fees if you win.