What Should I Do if I Was Injured at Work in Montgomery County

Work accidents can leave long-lasting impacts on a worker’s health, lifestyle, and ability to work. Unfortunately, sometimes they are fatal. In Pennsylvania, almost all employers are required to carry Workers’ Compensation insurance, which helps accident victims with medical bills and additional costs associated with the injury or illness. Just as importantly, the Pennsylvania Department of Labor and Industry requires that Workers’ Compensation insurance cover some of the employee’s lost income as they recuperate. According to the Bureau of Labor Statistics (BLS), about one-third of injured employees miss work due to injury.

Workers’ Compensation insurance is not just beneficial for staff; this type of insurance protects a company against potential lawsuits from employees regarding the nature of the work accident. For this reason, injured workers, or the loved ones of those fatally injured at work should contact a Montgomery County Workers’ Compensation lawyer regarding their options after a work accident.

What Should I Do After a Work Accident?

Workers who are injured or become ill at work should first seek medical attention. It is advised to notify one’s supervisor within 120 days after the incident so that the Workers’ Compensation claim can be filed. If the 120-day deadline is missed, the injured worker forfeits the compensation package.

Insurance companies are naturally inclined to issue the cheapest package possible, and an injured worker should not sign off on a settlement without consulting a lawyer. Workers’ Compensation provides about two-thirds of a worker’s salary, however seeking any type of compensation may require an experienced lawyer.

It should be noted that Pennsylvania law mandates that employees be covered from day one until the last day of employment. Pennsylvania law also mandates that the injured worker receive benefits regardless of who is at-fault for the incident. If a worker is urged not to file a claim, or is told that the injury does not apply, a Workers’ Compensation lawyer will fight for the benefits they rightfully deserve.

What Does Workers’ Compensation Cover?

Workers’ Compensation covers the following benefits:

• Medical benefits: All reasonable and necessary medical expenses related to the work injury are covered under Workers’ Compensation. Services may include any procedure performed by a physician, surgical needs, hospital treatments, and prescription medicines.
• Wage loss benefits: If a worker’s disability lasts longer than seven days, the worker will receive up to two-thirds of their total salary.
• Death benefits: This is provided to an employee’s family if the injured worker dies from their injuries.

There are also different levels of disability depending on the severity of the worker’s injury:

• Permanent Partial Disability: A worker can still perform their work duties, but not at full capacity.
• Permanent Total Disability: A worker can no longer work because of their injury.
• Temporary Partial Disability: The worker is expected to make a recovery to return to their previous work duties.
• Temporary Total Disability: A worker is unable to work at all for longer than seven days.

In Which Industries are Workers Most Likely to Get Hurt on the Job?

Many industries put their workers through tough schedules, strict deadlines, and physical constraints, such as remaining seated for long periods and dealing with the challenges of the road. However, certain occupations are more dangerous than others, and a work accident may be inevitable. Truck drivers tend to get hurt on the job quite a bit, however, health care is the top workplace injury profession. The BLS estimates about 370 of every 10,000 full time equivalent injured U.S. workers are nursing assistants. Other occupations with a high rate of injured workers include:

• Laborers
• Light truck drivers
• Construction laborers
• Maintenance and repair workers
• Warehouse industry workers
• Janitors and cleaners
• Registered nurses
• Retail salespersons

Health care and trucking companies both employ people year-round, regardless of pandemics or economic downturns. In fact, there was heavy demand for both health care workers and truck drivers throughout the pandemic. Health care workers commonly experience non-fatal work injuries, such as sprains, strains, and tears and overexertion.

Many manufacturing sites require heavy machinery and tools, which can lead to accidents that are caused by a defective product or human error. Slip and fall injuries often occur on manufacturing floors. Carpal Tunnel Syndrome, which is linked to repetitive movement, is also a common workplace injury in manufacturing work. This injury may result in surgery, as well as medical care and physical therapy for the worker to continue working.

What are Common Workplace Injuries in the United States?

The following are common non-fatal workplace injuries, according to BLS data:

• Sprains, strains, and tears
• Soreness or pain
• Cuts, lacerations, and punctures
• Bruises and contusions
• Fractures

The following workplace injuries result in the most missed workdays:

• Fractures
• Amputations
• Carpal Tunnel Syndrome
• Tendonitis
• Sprains, strains, and tears
• Multiple traumatic injuries
• Soreness or pain
• Multiple injuries with sprains
• Bruises and contusions
• Thermal burns
• Cuts, lacerations, and punctures
• Chemical burns

Are Fatal Workplace Injuries Rising in the U.S.?

Much has been done to make working conditions safer across the U.S., which has led to the decrease of non-fatal injuries. However, BLS statistics show that 5,333 deaths still occurred at work nationwide in 2019. It should also be noted that almost all fatal injuries in the state and across the nation happen to male workers. Transportation incidents, which makes up close to half of the national and state figures, cause the most fatal workplace injuries. Other causes for fatal workplace injuries include:

• Contact with objects and equipment
• Exposure to harmful substances or environments
• Violence by other persons or animals

Can I Still Sue My Employer?

Workers’ Compensation insurance is a no-fault system, meaning that an employee cannot sue their employer for a work-related accident. Workers’ Compensation relinquishes the employer from claims of negligence and unsafe work environment. However, an injured worker can file a third-party lawsuit against a product manufacturer or an external company that was performing tasks in the workplace that may have contributed or caused the accident. Every case is different, and the circumstances surrounding the incident may require a different approach. It is best to consult with a worker’s compensation lawyer to find out if the case should go to court.

A third-party lawsuit is also a helpful option for a family when seeking compensation for the death of a loved one due to a harmful product at work. For example, if a loved one was killed in a workplace accident, family members may file a wrongful death lawsuit against the manufacturer of the harmful product that caused the employee to become injured. This allows the family to seek financial reparations from the company that made a product that failed or was harmful. Financial costs that may be covered by a wrongful death lawsuit include:

• Funeral and burial costs
• Hospital and medical bills
• Lost wages and benefits
• Compensation for the loss of a loved one’s companionship
• Estate administration fees

Which Employers are Exempt from Carrying Workers’ Compensation Insurance?

There are very few employers who are exempt from this state law. The exemptions are primarily for industries that already cover workers under their own Workers’ Compensation packages, such as:

• Railroad workers
• Longshoremen
• Federal employees

There are other types of workers that may not be covered by Workers’ Compensation insurance, such as:

• Agricultural workers that work less than 30 days a year, such as those that are working during a harvest season – or those who make under $1,200 a year.
• Domestic employees, or those who are taking care of the household, watching children, or cooking for an individual family. People who hire domestic employees have the option of purchasing independent Workers’ Compensation insurance.
• Corporate executives and employees whose religious beliefs conflict with Workers’ Compensation coverage.

Any employer who does not fall under that narrow list of exemptions must carry Workers’ Compensation insurance in Pennsylvania. Employers who do not are breaking state law and could face criminal prosecution. Injured employees and the loved ones of those who died on the job can also file civil claims against the employer with the help of a Montgomery County Workers’ Compensation lawyer.

Montgomery County Workers’ Compensation Lawyers at Anthony C. Gagliano III, P.C. Advocate for Injured Workers

Injured workers deserve fair compensation for their work-related injury. If you suffered an injury at work, contact a Montgomery County Workers’ Compensation lawyer at Anthony C. Gagliano III, P.C. today. For a free consultation, call 267-861-7100 or contact us online. Located in Philadelphia, we serve clients throughout Montgomery County, Delaware County, and Norristown.