The Bureau of Labor Statistics reported nearly 2.7 million nonfatal workplace injuries and illnesses and over 4,700 fatal workplace injuries in 2020. Facing astronomical medical bills and emotional suffering after an accident at work can put a tremendous burden on you and your family. Seeking justice and fair compensation can be crucial to recovering fully. If you are injured at work, understanding how you get paid is important to your financial recovery as well as to your mental and physical well-being.
Filing a Personal Injury Lawsuit After Being Injured at Work
Many workplace accidents result from negligence by coworkers, contract workers, third parties, and/or problematic defective products. Other injuries can come from unexpected incidents, such as a visitor or lost driver who strikes a worker while passing through the work site. Identifying which party or parties can be held legally responsible for your work injuries is crucial to making your case and obtaining financial compensation.
Workplace injury lawsuits result after on-the-job accidents caused by the following:
- Malfunctioning equipment or tools
- Inadequate hiring, training, staffing, and more
- Exposure to toxic or hazardous materials
- Injury from another person’s negligence and/or intentional conduct
- Negligent drivers
- Contractors or visitors who cause you harm on the job
When you have been hurt at work, you will need to work with an experienced lawyer to file a personal injury lawsuit to cover the past, present, and future expenses resulting from the injury. If the injured party passes away, their family could file a wrongful death lawsuit.
Determining Liability in a Workplace Injury
Untangling who is at fault for a work-related injury or illness requires the counsel of a knowledgeable personal injury attorney with experience investigating allegations of negligence. Your lawyer will gather evidence and testimony to support your claims and calculate the full amount of damages you and your loved ones have suffered and will suffer moving forward.
Evidence in a work injury case can come from multiple sources, including:
- Security cameras
- Drug testing
- Work incident forms
- Police reports
- Human resources records
- Safety inspections and cleaning records
- Witness statements
- Expert testimony
- Equipment maintenance records
This information can show a clear picture of who is at fault. Pennsylvania law regarding personal injury lawsuits for work accidents is complex. You will have to contend with comparative negligence and a short two-year statute of limitations within which you must file your workplace accident lawsuit. Your company’s legal team will likely try to show that you are partially or completely at fault for your injury, which could decrease the amount of compensation you receive or bar your recovery entirely. Comparative negligence can affect how much you receive if you are partly at fault for the injury or illness. If you are found 20% responsible, your damages will be reduced by 20%. If you are over 50% liable, you won’t get any compensation. This is why you should not proceed without experienced legal counsel on your side.
What Does My Claim Pay for if I Win?
Each on-the-job injury lawsuit is unique, but every victim can claim all the expenses they’ve incurred as a result of their injury along with other damages. The losses you can claim include economic losses and non-economic losses. Pennsylvania does not limit the amount of financial compensation you can recover except in cases involving the government.
You can seek to receive to recover the following losses as damages:
- Medical bills
- Hospital costs
- Physical therapy
- Mental anguish
- Pain and suffering
- Lost wages
- Loss of companionship with your partner and family
- Lost earning potential
Speaking with an experienced work injury attorney before filing a lawsuit can give you a clear perspective on your best course of action and the financial recovery you can expect to receive.
What to Do When You’ve Been Hurt on the Job
Unexpected injuries can cause pain and confusion. Your injury was likely caused or contributed by another’s negligence. Regardless of how your workplace injury occurred, these recommended actions can support your case against those responsible:
- Keep a record of what happened, writing down the details as soon as possible after the incident.
- Speak with a qualified personal injury lawyer to understand your options.
- Refrain from posting on social media about the incident and/or your injuries.
- Collect all receipts and medical records related to your losses.
- Collaborate with your attorney and their team so they fully understand your circumstances.
- Don’t speak with company representatives about the accident without the input of your lawyer since the other side may use your statements against you.
- Follow your doctor’s orders.
Recovering from injuries is stressful and exhausting. It’s valuable to have help from a reputable workplace injury lawyer who can investigate every aspect of the situation for you. Companies will fight hard to prevent paying out on any claims against them. It’s vital to consider every avenue for compensation against every potentially responsible party.
Because workplace injuries can cause damage that lasts a lifetime, you must not risk leaving money on the table. Ensuring that all your expenses are covered, even those that will last into the future will keep you and your family from suffering a financial crisis due to someone else’s negligence. Contact us today to discuss your options with the experienced work injury lawyers at SMT Legal.