Did you or a loved one sustain injuries on the job in Lancaster, PA? Work-related injuries can leave you struggling for weeks or months. An experienced Lancaster workplace accident lawyer at Marzzacco Niven & Associates can help you evaluate your options under Pennsylvania workers’ compensation and personal injury laws.
Collectively, our lawyers have over 120 years of experience helping injured workers like you. Because of our aggressive approach, we’ve recovered tens of millions of dollars on behalf of accident victims.
If you’re interested in learning more about how our experienced legal team can help with your injury claim, contact our law offices in Lancaster, Pennsylvania to schedule a free consultation today at (717) 616-2954.
How Marzzacco Niven & Associates Can Help After a Workplace Accident in Lancaster
Many injured parties are surprised by how difficult it can be to recover fair compensation after a workplace injury. Workers’ compensation is not automatic. Insurance companies have many different ways to fight your claim. The best way to get them to take your case seriously is to hire an experienced Lancaster personal injury lawyer.
At Marzzacco Niven & Associates, our legal team includes a certified workers’ compensation specialist who has helped countless clients get the fair benefits they deserve. Our team has also been recognized by Super Lawyers, Rising Stars, and the Best Lawyers of America.
More specifically, when you hire us, we can help by:
- Conducting an investigation to determine who was responsible for your injuries
- Handling your workers’ compensation claim
- Calculating your case value and fighting for the maximum amount possible
- Hiring experts when needed to prove your case
- Defending you if your doctor tries to make you return to work before you’re ready
- Negotiating with the workers’ compensation insurance company for fair compensation
An experienced Lancaster personal injury attorney can significantly improve your chances of winning your case. To learn more about how a lawyer can help, contact our law firm for a free consultation.
How Common Are Workplace Accidents in Pennsylvania?
Of course, most work-related accidents are not fatal. Across the U.S., private employers reported about 2.7 million non-fatal workplace injuries and illnesses to the Bureau of Labor Statistics in 2020.
The Pennsylvania Department of Labor & Industry reported 147,918 non-fatal workplace injuries and illnesses in 2020. 3,868 workers were injured in Lancaster County alone in 2020.
Of course, some industries are more dangerous than others. The most dangerous industries include:
- Health care and social assistance (575,000 injuries)
- Manufacturing (420,000 injuries)
- Retail (395,000 injuries)
- Accommodation and food service (288,000 injuries)
- Transportation and warehousing (227,000 injuries)
- Construction (200,000 injuries)
If you or a family member were injured in a work accident, our lawyers know how to help. Schedule a 100% free case review with our team to learn more about your legal rights today.
What is My Lancaster Workplace Accident Case Worth?
The value of your workplace injury claim depends on several different factors, including:
- The severity of your injuries
- The identity of the at-fault party
- Your average weekly wages before the accident
- Whether you’re partially or totally disabled during recovery
- The length of your recovery
Workers’ compensation benefits in Pennsylvania are limited to $1,205 per week in 2022. This cap applies even if your prior earnings were higher. Further, the most you’ll receive during recovery is about ⅔ of your average weekly wages per week.
Your case value may be higher if you’re entitled to pursue legal action against a negligent third party, such as a property owner, general contractor, or manufacturer of defective work equipment.
What Types of Damages Are Available to Workplace Accident Victims?
The types of damages available depend on whether you’re entitled to file a personal injury lawsuit or are limited to workers’ comp benefits.
In Pennsylvania, employees aren’t entitled to sue their employer for negligence. Employers are shielded under Pennsylvania’s no-fault workers’ compensation law. Employees are, however, entitled to pursue compensation against negligent third parties who aren’t their employers.
Types of Benefits Available Under Pennsylvania Workers’ Compensation Laws
Workers’ compensation provides several different types of benefits. These benefits are designed to help work injury victims with their financial expenses.
Workers’ compensation benefits include:
- Reasonable and necessary medical expenses
- Total or partial disability benefits
- Survivor benefits for survivors of fatal work accident victims
- Specific loss benefits if you’re left disfigured or lose function in a specific body part
The types of disability benefits you receive will depend on the type and severity of your injury.
Types of Damages Available Under Pennsylvania Personal Injury Laws
Work accident victims who are injured because of a negligent third party can file a lawsuit against the third party. In a personal injury case, victims are entitled to seek compensation for economic damages and non-economic damages.
You may be entitled to compensation for
- Medical expenses not covered by workers’ compensation
- Future medical care
- Lost wages that exceed the workers’ compensation caps
- Lost earning potential
- Long-term care
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Reduced life expectancy
- Permanent disfigurement or scarring
- Anxiety, depression, or PTSD
- Loss of consortium
It’s also possible that punitive damages may be available. However, punitive damages are rarely awarded. When they are, they’re designed to punish at-fault parties for especially shocking behavior.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Pennsylvania?
Shared fault is only an issue if you’re entitled to file a third-party claim for compensation. Injured workers are almost always entitled to file a claim for workers’ compensation benefits.
The only exceptions involve cases where:
- Your injuries were self-inflicted
- You were injured because you were violating a law
- You were under the influence of drugs or alcohol
In personal injury cases, Pennsylvania’s modified comparative negligence laws limit the compensation you can take home if you’re partly responsible for your own injuries. You can recover partial compensation if you were less than 51% responsible. If your percentage of fault is 51% or higher, you lose your right to compensation.
We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries
Some of the most common work injury cases we handle involve:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Back injuries
- Nerve damage
- Cuts and lacerations
- Soft tissue damage
- Eye injuries
- Hearing loss
- Internal injuries
- Catastrophic injuries
If you lost a loved one in a fatal work accident, our lawyers can also help you fight to recover additional compensation for wrongful death, including funeral costs and the loss of your loved one’s company and support.
What Causes Most Workplace Accidents in Lancaster, Pennsylvania?
Any workplace can quickly become dangerous if proper precautions aren’t taken.
Some of the most common causes of workplace accidents are:
- Failure to follow state and federal OSHA safety regulations
- Violations of state and federal labor laws
- Lack of fall protection
- Lack of safety equipment
- Toxic exposure
- Negligent hiring practices (hiring unqualified workers)
- Failure to properly train and supervise employees
- Failure to communicate
- Failure to maintain property in a safe condition (premises liability)
- Defective work equipment
- Negligent security and workplace violence
Our Lancaster workplace accident attorneys at Marzzacco Niven & Associates handle all types of work accident cases, including those involving:
- Motor vehicle accidents
- Scaffolding accidents, including falls and scaffolding collapse
- Slip and fall accidents
- Fires and explosions
- Construction site accidents
- Falls from ladders, roofs, and other heights
- Electrocutions or electric shock
- Accidents where a worker is struck by falling objects
- Accidents where a worker is caught between two objects
- Exposure to hot objects
- Heavy machinery accidents, including forklift and crane accidents
- Repetitive stress
Most of these accidents happen because someone was careless or reckless.
How Do I Prove Negligence After a Workplace Accident in Pennsylvania?
To pursue compensation via the personal injury process, you’ll have to prove that someone else was responsible for your accident and injuries. Typically, that means proving negligence.
The four elements of a negligence claim are:
- A legal duty of care existed
- The at-fault party breached that duty
- The breach caused your accident
- You suffered damages, which are your injuries and losses
On the other hand, injured workers are not required to prove negligence to claim workers’ comp benefits.
How Long Do I Have to File a Lawsuit After a Workplace Accident in Pennsylvania?
In the state of Pennsylvania, injured parties have two years to file a personal injury lawsuit. Once the statute of limitations runs out, you lose your right to seek compensation.
To protect your right to workers’ comp benefits, you must notify your employer within 120 days of the accident and injury.
Contact a Lancaster Workplace Accident Lawyer for a Free Consultation
You shouldn’t be forced to fight with the insurance company to recover fair benefits after a work injury. An experienced Lancaster workplace accident lawyer can help you with every aspect of your claim. Call Marzzacco Niven & Associates for your free consultation today for the legal representation you deserve.