Were you or a family member injured on the job in Wyomissing, PA? Injured workers in Pennsylvania may be entitled to workers’ compensation benefits and damages in a personal injury lawsuit. An experienced Wyomissing workplace accident lawyer at Marzzacco Niven & Associates can help you fight for money to cover medical bills, lost wages, and more.
Our lawyers have a proven track record of success you can count on. Since we opened our legal practice, we’ve recovered tens of millions of dollars on behalf of injured clients.
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How Marzzacco Niven & Associates Can Help After a Workplace Accident in Wyomissing
As an injured worker, you shouldn’t have to fight with the insurance companies at a time when you can’t support yourself. Unfortunately, that’s exactly what you’ll have to do to recover the fair compensation you deserve.
Our experienced Wyomissing personal injury lawyers at Marzzacco Niven & Associates are prepared to help with every aspect of your case.
- Handling the investigation into your accident
- Hiring expert witnesses when needed
- Calculating the fair value of your personal injury case, if applicable
- Defending you if the workers’ compensation insurance company denies your claim
- Handling all insurance negotiations and communications
Our Wyomissing personal injury attorneys have over 120 years of experience between us. Our professional achievements include recognition by Super Lawyers and Best Lawyers of America. Our team also includes a certified workers’ compensation specialist who’s been helping injured employees recover workers’ comp and Social Security disability benefits for years.
You don’t have to handle your workers’ compensation claim alone. Get the legal advice you deserve by calling our law offices for a free consultation today.
How Common Are Workplace Accidents in Wyomissing?
Serious work accidents are fairly common in Pennsylvania. In 2020, The Bureau of Labor Statistics (BLS) reported that 148 workers were injured on the job in Pennsylvania. Another 147,918 non-fatal workplace injuries and illnesses were reported to the Pennsylvania Department of Labor & Industry that year.
What is My Wyomissing Workplace Accident Case Worth?
The value of a workplace accident claim depends on many different factors. However, work accident victims who are entitled to file a personal injury lawsuit tend to recover higher amounts.
That’s because Pennsylvania personal injury laws allow victims to recover compensation for both economic and non-economic losses. Workers’ compensation, on the other hand, only provides benefits to help with economic losses.
The value of your workers’ comp benefits will depend on:
- The cost of your medical care, including rehab
- Your wages prior to the accident
- The length of your recovery time
- Whether you’re partially or totally disabled
- Whether your injury is temporary or permanent
Injured workers can recover about ⅔ of their average weekly wages prior to the disability. Your disability check will be reduced if you can work in some limited capacity while you recover. However, your weekly check will be capped at $1,205 in 2022 regardless of your prior earnings.
The value of a personal injury case depends largely on the severity of your injuries and the circumstances of the accident.
Relevant factors to consider include:
- The type of injury involved
- The nature of the accident
- The cost of medical treatment and other out-of-pocket expenses
- Whether the injury impacts your future earning potential or quality of life
- Any emotional or psychological trauma you’ve endured
If you have questions about your case value, our lawyers are here to help. Just call our legal team to schedule a free case review with an experienced Wyomissing workplace accident attorney today.
What Types of Damages Are Available to Workplace Accident Victims in Wyomissing?
Almost every employee in Pennsylvania is entitled to workers’ comp if they’re hurt on the job. Workers’ compensation benefits are designed to help you make ends meet until you can return to work.
In Pennsylvania, injured employees are entitled to workers’ comp benefits for:
- Reasonable and necessary medical costs
- Total or partial disability, whether temporary or permanent
- Loss of use of a specific body part or function
- Disfigurement benefits
- Death benefits
The types of benefits you receive will depend on the nature of your injury. Unfortunately, even with the maximum available benefits, injured workers often find it difficult to get by. While you typically can’t sue your employer for additional damages, you may be entitled to sue a third party who was responsible for your injuries.
These lawsuits are called third-party claims. You may have a valid third-party claim if your injury happened because of a:
- Property owner who didn’t maintain the premises in a safe condition
- General contractor or subcontractor
- Third-party vendor
- Negligent driver in a car accident
- Manufacturer of a defective product
You may be entitled to compensation for:
- Any medical expenses not covered by workers’ comp
- Your full lost wages
- Permanent disability
- Property damage
- Pain and suffering
- Mental anguish
- Loss of your ability to enjoy life’s activities
- Scarring and disfigurement
- Mental health conditions, including anxiety and depression
- Loss of consortium
In especially shocking cases, you may even be able to seek punitive damages to punish the negligent third party for intentional misconduct.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Pennsylvania?
You can claim workers’ comp regardless of whether you share blame for the accident. Pennsylvania’s modified comparative negligence laws only become relevant in personal injury cases involving negligence.
If you were partly responsible, you’ll be entitled to part of your compensation award. If you were mostly responsible, however, you could be barred from suing for damages.
We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries
The workplace can be dangerous if proper precautions aren’t taken. When others cut corners or behave carelessly, the risk of injury increases. That’s true whether you work on a dangerous construction site or a downtown restaurant.
At Marzzacco Niven & Associates, we often represent workplace accident victims who have suffered:
- Broken bones
- Traumatic brain injuries and concussions
- Facial injuries
- Hearing damage
- Lung damage
- Soft tissue damage
- Spinal cord damage
- Head and neck injuries
- Crushing injuries
- Repetitive stress injuries
- Back injuries
- Organ damage
- Catastrophic injuries
- Wrongful death of a loved one
Many workplace injuries heal quickly with minimal damage. Other work accident victims suffer serious, long-term injuries. Some battle chronic pain and may never fully recover.
Our lawyers in Wyomissing and Berks County are here to help you recover compensation for your injuries. Just give us a call to schedule a free initial consultation today.
What Causes Most Workplace Accidents in Wyomissing, Pennsylvania?
Some of the most common causes of work-related accidents in Wyomissing include:
- Lack of proper fall protection
- Failure to communicate about hazards
- Workers who aren’t properly trained and supervised
- Defective scaffolding
- Improperly installed scaffolding
- Dangerous premises, caused by failure to inspect and maintain the worksite
- Faulty electrical wiring
- Missing machine guards
- Failure to provide proper respiratory protection
- Defective work equipment, including ladders and nail guns
Our lawyers at Marzzacco Niven & Associates handle all types of work-related injury cases, including those involving:
- Scaffolding collapse
- Falls from scaffolding, ladders, and roofs
- Slip and fall accidents
- Motor vehicle accidents
- Trucking accidents
- Construction site accidents
- Building collapse
- Electric shock
- Defective products
- Dangerous premises
- Fires or explosions
- Exposure to toxic materials
- Accidents involving heavy machinery
- Workplace violence, including assault and sexual assault
Do you have questions about your options for recovering compensation after an accident? Call our Wyomissing workers’ compensation lawyers for a free case evaluation today.
How Do I Prove Negligence After a Workplace Accident in Pennsylvania?
If you’re entitled to file a third-party claim, you’ll probably have to prove negligence to successfully recover compensation.
Negligence means that:
- A third party owed you a legal duty of care
- They breached the duty of care
- The breach caused your accident
- You sustained damages
The types of proof you’ll need can vary from case to case. Our lawyers will review accident reports, locate video footage, and interview witnesses when we investigate the circumstances of the accident. You can count on us to take a detailed and thorough approach when it comes time to gather evidence to support your claim.
How Long Do I Have to File a Lawsuit After a Workplace Accident in Pennsylvania?
The statute of limitations in Pennsylvania gives you two years to file a personal injury lawsuit. The clock starts running on the date of the accident.
You’ll have to take action more quickly to protect your right to claim workers’ compensation. You have 120 days to notify your employer about the accident. If you wait longer, you could lose your right to workers’ comp.
Contact a Wyomissing Workplace Accident Lawyer for a Free Consultation
Did you or a loved one suffer injuries in the workplace? An experienced Wyomissing workplace accident lawyer can help you maximize your compensation. Contact Marzzacco Niven & Associates to learn more about our lawyers serving Wyomissing.