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Workplace Accidents Practice Areas:

Philadelphia workplace injury attorney

Workers' Compensation in Pennsylvania

If a person is injured at work, the Pennsylvania Workers' Compensation Act (Act) provides one remedy. The big money is obviously a third party claim, and most lawyers miss some or all of potential third party claims.

Exceptions to Workers' Compensation

The general rule is an employee who qualifies for Workers' Compensation benefits can't sue his employer, but there are two exceptions

1) A worker can pursue a claim against his or her employer for its intentional misconduct in situations where employers knew of the dangerous conditions but failed to remove the hazard or warn the employees.

2) A work may pursue a claim against his employer who is required to carry Workers' Compensation coverage but doesn't do so.

The exception for intentional acts is very narrow. Usually, it is not enough that an employer c . reates conditions where there is a very high probability that an employee will be injured. The employer must have committed a specific act intended to cause injury to the employee.

Third-Party Work Injuries Cases

In many accident cases, injured workers can pursue both a workers' compensation claim and a lawsuit against a responsible party, provided the third party is not the injured person's employer. If an injury is caused in the workplace but due to the negligence of a third party such as an independent contractor, a moving company, the manufacturer or supplier of a defective machine or tool, etc., the injured worker may receive monetary recovery from the third party. Third-party cases involve three parties: the injured worker is the first party, the employer is the second party, and the other entity or person responsible for the injuries is the third party.

In serious injury cases, third-party compensation is often greater than the benefits an injured worker receives under the workers' compensation claim. In workers' compensation claims, a worker's benefits are generally limited to medical expenses, disability compensation, and a monetary award if the injured worker has sustained permanent disabilities.

Injured workers or their families should contact an experienced and dedicated law firm, which will investigate all possible sources of compensation for the worker's injuries. Determining fault among multiple potential third-party defendants can be complex. The Lassen Law Firm, Philadelphia personal injury lawyers, has successfully handled countless work-related injury claims and many third-party claims.

If you have questions about an accident, the best thing you can do is to speak with an experienced, credible personal injury attorney. Call The Lassen Law Firm today for your free consultation.