Workplace Accident Lawyer in Pennsylvania

Workers’ compensation may not be the only way to get paid after an on-the-job injury. If someone other than your employer helped cause the accident, you may also have a separate third-party claim. At Marzzacco Injury Law, our workplace accident lawyers in Pennsylvania handle both types of claims for injured workers.

Two Claims From One Injury

Workers’ compensation pays benefits no matter who caused the accident. It covers your medical treatment and part of your lost wages, but it never pays for pain, suffering, or loss of enjoyment of life. A third-party lawsuit can cover those losses, but you must prove that someone outside your company was careless.

Handling both claims at the same time takes careful planning. Evidence from one claim can help the other, and settling one claim too early can reduce what you receive from the other.

Who Else Could Be Responsible for Your Injury?

Job sites often involve more companies than workers realize. The property, the supervision, and the equipment may each belong to a different company. Any of them could be responsible for your injury, including:

• Equipment and machinery manufacturers
• General contractors and subcontractors
• Property owners who control the work site
• Delivery drivers and outside vendors
• Companies that maintain the equipment

If a staffing agency placed you at the job, the rules about who you can sue can be complicated. In some cases, both the staffing agency and the company you worked for may be protected from a lawsuit.

At the start of your case, it’s important to figure out who controlled the area where you were hurt. Our lawyers review contracts, sign-in sheets, and safety plans to find out.

How Do Workers’ Comp Liens Affect Your Settlement?

If you recover money from a third-party claim, your employer’s workers’ compensation insurance company generally has the right to be paid back from that recovery. Under Pennsylvania’s Workers’ Compensation Act, 77 P.S. § 671, this right is nearly absolute.

However, many injured workers don’t know that the amount the insurance company is repaid is reduced by its share of the attorney fees and costs used to win the settlement. Future workers’ comp payments can also be affected. Our attorneys negotiate the repayment amount before a settlement is signed, since it’s much harder to negotiate once the settlement is final.

Can Your Employer Fire You for Filing a Claim?

Many workers worry about losing their jobs if they file a claim. In Shick v. Shirey, the Pennsylvania Supreme Court held that a worker fired for filing a workers’ compensation claim can bring a wrongful discharge lawsuit against the employer. That means being fired after filing a claim could lead to a separate case.

Keeping good records can help protect you. Save every text and email about your hours, your work restrictions, and any pressure to return to work before your doctor clears you.

Important Deadlines for Workplace Injury Claims

Several deadlines apply after a workplace injury, and missing any of them can end that part of your case:

• Report your injury to your employer within 120 days
• File a workers’ compensation claim petition within three years
• File a third-party lawsuit within two years of the accident
• Request a hearing promptly after any denial

Judges expect specific evidence at a hearing. Our attorneys helped secure a $240,000 settlement for a boom truck operator who fell from his work truck in the rain. His employer’s insurance company had accepted only minor injuries and refused related treatment until our attorneys fought for his claim. Every case depends on its own facts.

Two Claims, One Phone Call

Marzzacco Injury Law handles both your workers’ compensation claim and your third-party claim, so nothing gets missed between two different law firms. Call (717) 231-1640 any time or request a free case review online. Our attorneys will find out which claims you have before the insurance company decides for you.