Were you or a family member injured on the job? An experienced workplace accident lawyer in York, PA, at Marzzacco Niven & Associatescan help you understand your rights under Pennsylvania workers’ compensation and personal injury laws. You may be entitled to compensation for medical bills, lost wages, and pain and suffering.
Collectively, our lawyers have over 120 years of experience. Over the years, we’ve successfully helped our clients recover tens of millions of dollars in compensation.
Your case is too important to trust just any lawyer. To learn how our experienced team can help, call our law offices in York, Pennsylvania, to schedule a free consultation today. Call (717) 995-8998 today.
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How Marzzacco Niven & Associates Can Help After a Workplace Accident in York
Employers in Pennsylvania are required to purchase workers’ compensation insurance. If you were hurt on the job, chances are good that you’re entitled to workers’ comp benefits or Social Security disability benefits.
Still, it’s always a good idea to consult an experienced York personal injury lawyer. That’s because employers and insurance companies often fight tooth and nail to avoid paying the full amount you deserve. You may also be entitled to additional damages under personal injury laws.
At Marzzacco Niven & Associates, our attorneys have earned a track record of success. For our aggressive and dedicated approach, we have been recognized by Super Lawyers, Best Lawyers of America, and many other lawyer rating services. We also have a certified workers’ compensation specialist on our team.
When you hire us, you can trust that we will:
- Investigate to determine causation and prove liability
- Assess your personal injury case value
- Retain experts to testify about the more complicated aspects of your case
- Identify all sources of compensation
- Negotiate with the insurance company on your behalf
It’s never too early to speak with an experienced York workplace accident attorney, so give us a quick call today.
How Common Are Workplace Accidents in York?
Workplace accidents are unfortunately common in the State of Pennsylvania. These accidents have the potential to cause serious and even life-threatening injuries.
The Pennsylvania Department of Labor & Industry reported 147,918 non-fatal workplace injuries and illnesses during 2020. According to the Bureau of Labor Statistics (BLS), another 148 workers were killed on the job in Pennsylvania in 2020.
What Is My York Workplace Accident Case Worth?
The value of any personal injury claim depends on many unique factors. One key factor is whether you can seek compensation through a personal injury lawsuit. Victims who are entitled to sue a negligent third party for damages tend to recover more than victims who are limited to workers’ compensation.
The value of a workers’ compensation claim, on the other hand, depends on:
- The cost of your medical care
- Your average weekly wages before the accident
- Whether you’re totally disabled or able to work in some limited capacity
- Whether your injuries are temporary or permanent and the length of your recovery
Regardless of those factors, the amount of your weekly workers’ compensation check is capped under state law. Even if your earnings were higher, the most you can take home per week is $1,205 in 2022.
Additional factors are relevant in putting a dollar value on a personal injury claim, including:
- Your pain and suffering
- Any emotional trauma you’ve endured
- Damage to your quality of life
- Insurance coverage limits
Because personal injury laws allow you to recover damages that aren’t available under workers’ comp, it’s important to identify any party who may have shared blame for your accident.
While you can’t sue your employer, you may have a valid third party claim against:
- Negligent property owners
- The at-fault party in a car accident
- Manufacturers of defective work tools or equipment
- General contractors
- Suppliers
Establishing your right to compensation can be tough enough. Calculating the fair value of your case can be even more difficult. To learn more about how our workplace accident attorneys in York, PA, can help, call our personal injury law firm to schedule a free case review today.
What Types of Damages Are Available to Workplace Accident Victims?
Workers’ compensation benefits in Pennsylvania are designed to cover your economic damages, including:
- Reasonable and necessary medical benefits
- Wage replacement benefits (based on temporary or permanent disability)
- Specific loss benefits
- Death benefits for survivors
Personal injury laws, on the other hand, are designed to compensate for both economic and non-economic losses, including:
- Medical expenses not covered under workers’ comp
- 100% of your lost wages and employment benefits
- Lost earning capacity
- Physical therapy and rehab
- Property damage
- Personal losses, including pain and suffering, emotional distress, and PTSD
- Diminished quality of life
- Disfigurement
- Anxiety and depression
- Loss of consortium
These damages are meant to fully compensate you for your losses. As such, the damages that are available vary from case to case.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Pennsylvania?
Shared fault is an issue if you have a valid third-party claim based on negligence. Under Pennsylvania’s comparative negligence laws, there is a 51% bar to recovery. If you’re less than 51% responsible for your injuries, you can recover a percentage of your damages. If you’re at least 51% liable, you lose your right to seek compensation altogether.
Workers’ comp is a no-fault system. You can always file a claim for benefits even if you were responsible for your own injuries.
We’ll Fight To Recover Compensation for All of Your Workplace Accident Injuries
Our lawyers are here to help regardless of the types of injuries you’ve sustained. We often handle claims involving:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Crush injuries
- Whiplash
- Concussions
- Soft tissue damage
- Head and neck injuries
- Back injuries
- Internal organ damage and bleeding
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Whether your injuries are relatively minor or life-threatening, you deserve to be fairly compensated. Our personal injury lawyers in York, PA, are here to handle the details while you recover. Just give us a quick call for legal advice today.
What Causes Most Workplace Accidents in York, Pennsylvania?
There are countless ways to get injured on the job in central Pennsylvania.
Our experienced attorneys in York often represent clients who were injured because of:
- Construction site accidents
- Slip and fall accidents on the job
- Trucking and other motor vehicle accidents
- Scaffolding accidents
- Electrocutions
- Electric shock
- Exposure to toxic substances
- Falls from heights
- Exposure to hot objects or flames
- Forklift, crane, and other heavy machinery accidents
- Fires and explosions
- Repetitive motions and stress
- Overexertion and heavy lifting
- Accidents involving falling objects
- Accidents where a worker is caught between two objects
- Assault and sexual assault
These types of accidents can happen for many different reasons. Some of the most common causes of work-related accidents include:
- Ignoring state and federal safety regulations
- Violating Pennsylvania state or federal labor laws
- Lack of fall protection and other safety equipment
- Negligent hiring practices
- Negligent property maintenance and premises liability
- Failure to properly train or supervise employees
- Failure to communicate
- Defective work equipment or tools
- Negligent security
If you’re not sure what caused your accident, our lawyers can help you get to the bottom of it. We’re ready to start our investigation today, so don’t hesitate to reach out to our legal team.
Do I Need To Prove Negligence To Recover Compensation After a Workplace Accident in Pennsylvania?
You don’t have to establish fault to claim workers’ compensation benefits. However, most personal injury claims require the victim to prove negligence.
There are four elements to a successful negligence claim:
- The at-fault party owed you a legal duty of care
- A breach of duty occurred
- The breach caused your work accident
- You sustained damages
It’s important to remember that multiple parties can be held liable for the same injuries. Even if your employer was partly to blame, you may have a valid negligence case against a third party who also shares some of the blame.
How Long Do I Have To File a Lawsuit After a Workplace Accident in Pennsylvania?
If you’re eligible to file a personal injury lawsuit, you have two years to take legal action under Pennsylvania’s statute of limitations. Once two years pass, you forfeit your right to sue for damages in civil court.
Time limits are much more strict under workers’ compensation laws. If you don’t give your employer notice of the injury within 21 days of the accident, no compensation is paid until you do give notice. If you wait more than 120 days to notify your employer, you could lose your right to benefits entirely.
If your initial workers’ comp claim is denied, however, you have three years from the date of the accident to file a claim petition.
Contact a York Workplace Accident Attorney for a Free Consultation
It can be difficult to know if you’re receiving the full compensation you deserve if you were injured on the job. An experienced workplace accident lawyer in York, PA, can review your case for free. At Marzzacco Niven & Associates, we’re prepared to go the extra mile to get every dollar you deserve. To get started, call to arrange a free consultation today.