FREE CONSULTATION Workers’ Compensation Lawyer Franklin Park
If you’ve been injured on the job in Franklin Park, navigating the workers’ compensation process can be complex and overwhelming. At Porta Clark & Ward, we understand the challenges that come with securing the compensation you deserve. Our workers’ compensation lawyers are dedicated to helping you get the medical care, lost wages, and benefits you need to recover. With a proven track record of success, we are here to support you every step of the way. Call us today at (412) 912-2381 for a free consultation to discuss your case and learn how we can assist you in protecting your rights.
Can You Take Legal Action Against Your Employer After a Workplace Injury?
Workplace injuries are unfortunately common, and when they occur, the legal avenues available can be unclear. Many workers in Franklin Park are understandably unsure about whether they can sue their employer after sustaining an injury on the job. Typically, workers’ compensation laws offer a solution, but they can also create confusion about when an employee has the right to take legal action beyond the workers’ compensation system.
Workers’ Compensation as the Primary Remedy
In most cases, workers who are injured on the job must file a claim for workers’ compensation. This system is designed to provide benefits, including medical coverage and compensation for lost wages, without the need for a lawsuit. In exchange for providing this no-fault system, workers’ compensation laws generally prevent employees from suing their employers for injuries sustained at work.
The benefits of workers’ compensation are significant. They allow injured workers to receive timely medical treatment, lost wage compensation, and rehabilitation services, regardless of who was at fault for the injury. However, workers’ compensation does not cover non-economic damages like pain and suffering, which may lead some workers to wonder if they can still pursue legal action.
When Can You Sue Your Employer?
While the general rule is that workers’ compensation is the exclusive remedy for workplace injuries, there are exceptions that might allow you to sue your employer directly. Here are the circumstances under which suing your employer may be possible:
Employer Intentional Harm
If your employer intentionally caused your injury, you may be able to file a lawsuit outside of the workers’ compensation system. This is a rare and serious situation. For example, if an employer physically assaults you or engages in behavior that deliberately leads to injury, workers’ compensation may not apply.
Intentional harm claims are difficult to prove because the burden of evidence falls on the employee. You would need to demonstrate that the employer’s actions were deliberate and not just negligent. This could involve showing that the employer had the intent to harm you or was acting recklessly with knowledge that their actions could cause serious injury.
Third-Party Liability
Another way you might be able to sue after a workplace injury is if a third party was responsible for the accident. A third party could be anyone who is not your employer or a co-worker, such as a contractor, vendor, or another company on the job site. If their actions contributed to your injury, you may be able to file a personal injury lawsuit against them, in addition to filing for workers’ compensation.
For example, if you were injured by defective machinery, the manufacturer of that equipment might be held responsible for your injuries. In cases like this, you can pursue a third-party lawsuit for damages such as pain and suffering, loss of future earnings, and emotional distress that workers’ compensation does not cover.
Employer’s Failure to Carry Workers’ Compensation Insurance
Under Pennsylvania law, most employers are required to carry workers’ compensation insurance. If your employer fails to provide this required coverage, and you are injured at work, you may be able to sue them directly for your injuries. In this case, the employer may not be able to claim the immunity granted under the workers’ compensation system, which means you could take legal action to recover damages.
This situation is uncommon, as most employers understand the legal requirements and carry the necessary insurance. However, if you discover that your employer does not have coverage, you should contact an experienced personal injury lawyer immediately to discuss your options.
Recklessness or Gross Negligence
If an employer’s conduct rises to the level of gross negligence or recklessness, a lawsuit might be possible. While standard negligence — such as failing to follow safety protocols or not providing proper training — is typically covered under workers’ compensation, actions that are more egregious can be grounds for a lawsuit.
For example, if an employer knowingly violates safety regulations that put workers at significant risk, they may be liable for the injuries that result. Proving gross negligence requires showing that the employer’s actions were not merely careless but amounted to a complete disregard for the safety of employees.
How a Workers’ Compensation Lawyer Can Help
If you have been injured at work and are considering taking legal action against your employer or a third party, it’s crucial to consult with an experienced workers’ compensation lawyer. A lawyer can help you understand your rights and the best course of action. In cases where you may need to pursue a lawsuit outside of the workers’ compensation system, a lawyer can guide you through the complexities of the legal process.
Here are some ways a lawyer can assist:
- Assess your case: A workers’ compensation lawyer can help determine whether you have a valid claim for a personal injury lawsuit in addition to filing for workers’ compensation.
- Gather evidence: If your case involves intentional harm or third-party liability, a lawyer can help gather the necessary evidence to build a strong case.
- Navigate the legal process: Workers’ compensation claims and lawsuits against third parties involve different legal procedures. An experienced lawyer will know how to navigate both systems to ensure you get the compensation you deserve.
- Negotiate settlements: Your lawyer can also help negotiate with insurance companies or other parties involved in your case to reach a fair settlement.
When Workplace Injuries Strike, Porta Clark & Ward is Here for You
At Porta Clark & Ward, we believe that every worker deserves fair compensation for the injuries they sustain on the job. If you’re struggling to navigate the workers’ compensation system, our dedicated team is ready to fight for your rights. We understand how important it is to secure the financial support you need to heal and move forward. Don’t wait – contact us today at (412) 912-2381 for a free consultation and let our workers’ compensation lawyers guide you toward the compensation you deserve.