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Workplace Injuries in Pennsylvania: Understanding Your Rights and Legal Options

December 21, 2023

Workplace Injuries in Pennsylvania: Understanding Your Rights and Legal Options

In the realm of employment, prioritizing safety is essential. However, workplace injuries are a reality in Pennsylvania, often leaving many employees uncertain about their rights and legal options. If you find yourself facing a workplace injury, it’s crucial to know what steps to take to protect your rights and explore your legal options. This comprehensive guide will explore the prevalence of workplace injuries in Pennsylvania, employee rights, legal options, and how Purchase, George & Murphey, P.C. can assist you through this challenging period.

Understanding the Reality of Workplace Injuries in Pennsylvania

The Prevalence and Impact of Workplace Injuries

Workplace injuries are a more common occurrence than many might think. In Pennsylvania, a significant number of employees face injuries while on the job each year. These injuries can range from minor incidents to severe accidents, affecting employees from various industries. The prevalence of workplace injuries highlight the importance of understanding safety standards, employer responsibility, and employee rights.

Key Statistics and Facts

  • 2019 Data: According to data from the U.S. Bureau of Labor Statistics, Pennsylvania recorded over 58,000 non-fatal workplace injuries and illnesses in 2019 alone.
  • Fatal Injuries: In the same year, there were 150 fatal work-related injuries in the state.
  • High-Risk Sectors: The construction, manufacturing, and healthcare sectors are among those with the highest incidence of workplace injuries.

Common Types of Workplace Injuries

Recognizing the common types of injuries that occur aids in prevention and understanding your rights. Common workplace injuries include:

  • Slips, Trips, and Falls: These can occur in any work environment, leading to injuries ranging from minor bruises to more serious fractures or head injuries.
  • Repetitive Strain Injuries: Often seen in office environments or jobs requiring repetitive motions.
  • Machinery-Related Injuries: Common in manufacturing or construction, where heavy machinery is used.
  • Exposure to Harmful Substances: This includes chemical burns or respiratory issues due to long-term exposure to hazardous materials.
  • Overexertion Injuries: Caused by lifting, pushing, or carrying heavy objects.

Employee Rights in Pennsylvania

Navigating Workers’ Compensation

Workers’ compensation is a cornerstone for employee rights in Pennsylvania, offering financial support to workers who are injured on the job. Important aspects include:

  • Coverage: Workers’ compensation benefits typically cover all employees, regardless of fault, including part-time and seasonal workers.
  • Notification: It’s essential to inform your employer about the injury as soon as possible, preferably within 21 days.
  • Medical Care: Your employer has the right to choose the healthcare provider you see during the first 90 days after the injury. After that period, you have more flexibility in selecting your medical provider.
  • Lost Wages: If your injury prevents you from working, you may be eligible for wage-loss benefits. These benefits are typically two-thirds of your average weekly wage.
  • Disability Benefits: Depending on the extent of your injury, you may be entitled to temporary total disability benefits, partial disability benefits, or total disability benefits.
  • Complications: In some cases, workplace injuries can lead to complications or permanent disabilities. Workers’ compensation may cover such situations as well.

OSHA Regulations and Ensuring Workplace Safety

The Occupational Safety and Health Act (OSHA) ensures that employers provide a safe working environment for their employees. Employers are mandated by OSHA to:

  • Maintain safe and healthy working conditions.
  • Train employees on workplace hazards.
  • Keep records of workplace injuries and illnesses.

If you believe that your workplace injury resulted from unsafe conditions or employer negligence, OSHA regulations may be a key component of your legal case.

Protection Against Discrimination and Retaliation

Pennsylvania law prohibits employers from discriminating or retaliating against employees who file workers’ compensation claims or report unsafe working conditions. If you believe you have been treated unfairly due to your workplace injury or related claims, you may have legal recourse to protect your rights.

Exploring Legal Options Beyond Workers’ Compensation

Pursuing Additional Legal Avenues

While workers’ compensation is the primary avenue for seeking compensation and benefits after a workplace injury, there are situations where additional legal action may be necessary to fully protect your rights. Some of these situations include:

  • Third-Party Liability: If your workplace injury was caused by a third party who is not your employer or a co-worker, you may have grounds for a third-party liability claim. For example, if a defective piece of equipment caused your injury, you may be able to pursue a claim against the equipment manufacturer or supplier.
  • Personal Injury Lawsuits: In some cases, workplace injuries may result from the negligence or intentional wrongdoing of an employer. While workers’ compensation typically prevents employees from suing their employers, there are exceptions. If your employer’s actions were egregious, you may have grounds for a personal injury lawsuit.
  • Social Security Disability Benefits: In cases where a workplace injury results in a long-term disability, you may be eligible for Social Security Disability Benefits. These benefits can provide financial assistance for individuals who are unable to work due to a disability, including disabilities resulting from workplace injuries.
  • Family and Medical Leave Act (FMLA): If your workplace injury requires extended medical treatment or recovery time, you may be entitled to leave under the Family and Medical Leave Act (FMLA). This allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons.

How Purchase, George & Murphey, P.C. Can Assist

Tailored Legal Guidance for Workplace Injury Cases

At Purchase, George & Murphey, P.C., we are acutely aware of the challenges and intricacies associated with workplace injuries. Our team is dedicated to offering tailored legal guidance, ensuring that each client’s unique situation is addressed with the utmost care and precision. We believe in a personalized approach, recognizing that no two cases are alike and each requires a distinct strategy.

Navigating the Complex Legal Landscape

Navigating the complexities of legal processes following a workplace injury can be daunting. Our team stands ready to guide you through these challenges. We provide clear, comprehensive advice and assertive representation aimed at making you feel informed and confident about the decisions in your case. Our focus is not just on the legal aspects but also on the personal impact and implications of your workplace injury.

Protecting Your Rights and Interests

Our advocacy is centered on protecting your rights and interests. We meticulously analyze every aspect of your case, from the specifics of the injury to the nuances of Pennsylvania’s workers’ compensation laws and other relevant regulations. Our goal is to ensure that you receive the full benefits and compensation you are entitled to, whether through workers’ compensation claims, third-party liability claims, personal injury lawsuits, or other legal avenues.

Proven Experience and Successful Outcomes

With a history of successful outcomes in workplace injury cases, our team brings a wealth of experience and a proven track record to your case. We leverage our deep understanding of Pennsylvania’s legal system to advocate effectively on your behalf, striving for the best possible outcome.

Comprehensive Support Beyond Legal Representation

Understanding that a workplace injury affects more than just your legal standing, we extend our support beyond the courtroom. We are here to assist you through the personal and emotional challenges that accompany your recovery journey. At Purchase, George & Murphey, P.C., you will find a team that supports you not only in legal matters but also in navigating the personal hurdles that arise during your recovery process.

Contact an Experienced Workplace Injuries Lawyer at Purchase, George & Murphey, P.C for a Free Consultation About Your Case Today

Confronting a workplace injury can be overwhelming, but with Purchase, George & Murphey, P.C., you are not alone. Our blend of dedication, empathy, and legal expertise ensures that your story is heard and your rights are vigorously defended. Contact us for a free consultation, where we can discuss your case and start the journey towards achieving justice and securing the compensation you rightfully deserve.