When On-The-Job Injury is Caused by Negligence, Your Rights May Go Beyond Workers’ Compensation
When you are injured on-the job, you have a right to apply for workers’ compensation. Workers’ compensation is a form of insurance that pays medical benefits and partial wages after a workplace injury. However, when an employee receives workers’ compensation, he gives up the right to sue his employer – even if the employer is at fault for the injury. This means that workers aren’t eligible for any additional compensation.
But, what if someone else is at fault?
- A plumbing contractor at a construction site is installing pipes when a supporting wall collapses causing injury.
- The driver of a refrigeration truck suffers severe burns after a propane tank explodes because of a defective seal.
- A man suffers a serious eye injury after a drill bit shatters.
- A delivery driver is bitten by a dog while delivering a package.
- A realtor suffers internal injuries when a car runs a red light and crashes into her vehicle.
- A highway worker is killed when a truck speeds through a freeway work zone.
- A sales clerk is assaulted on her way to the parking lot. The mall where she works had cut back on security in order to save money.
In each of these examples, an employee was injured because of negligence, but the employer wasn’t to blame. Instead, the injury was caused by another contractor, another business, a property owner, a manufacturer, or a driver. In this case, the worker has the right to file a personal injury lawsuit against the party that caused his injury. This is called a third-party lawsuit.
Third- Party Lawsuits
Workers’ compensation is a safety net for American workers. Workers’ compensation insurance prevents workers from having to pay for job-related injuries out of their own pockets. It also provides a source income if the injury leaves an employee unable to work. However, workers’ compensation doesn’t provide payment for pain and suffering. Workers’ compensation doesn’t include punitive damages for negligence or dangerous conditions. And workers’ compensation payments are rarely enough to replace a paycheck. A third party lawsuit allows injured workers to receive compensation that goes beyond that offered by the workers’ compensation system.
A third-party lawsuit is a personal injury lawsuit. Workers who file third-party lawsuits may claim compensation for medical bills, counseling, occupational therapy, lost wages, lost earning capacity, pain, and suffering. In some cases, the employee may also receive punitive damages, a monetary award designed to punish the negligent party.
Ostroff Law Handles the Following Third Party Lawsuits in Pennsylvania and New Jersey:
- Construction site Injuries
- Manufacturing injuries
- Injuries caused by defective tools or machinery
- Injuries caused by toxic substances
- Oil and gas industry / fracking injuries
- Mining accidents
- Elevator injuries
- On-the-job traffic accidents
- Highway worker injuries
- Delivery driver injuries
- Workplace injuries on private property
- Injuries caused by inadequate security
- Workplace deaths
- Intentional OSHA violations
- And many more….
A workplace injury can have a big impact on you, your family and your bank account. If you think that someone other than your employer is responsible for your workplace injury, give Ostroff Injury Law a call at (800) 818-8148. The consultation is free.
If our construction accident attorneys believe you have a case, we will investigate your accident and determine exactly who is liable for your injuries. If a third-party is involved, we can help you file a lawsuit and make sure you get every penny you are entitled to.
Ostroff Injury Law represents injured workers in Pennsylvania and New Jersey on a contingency basis. This means we pay all upfront costs; you don’t pay a penny until we win your case. If we don’t win, you don’t pay.
Ostroff Injury Law: A Reputation for Excellence
Ostroff Injury Law is nationally recognized for recovering tens of millions of dollars for injury victims in Pennsylvania and New Jersey. Many large cases were won after another attorney told the client that he didn’t have a case. We know how much an injury can change a life. Our goal is to hold those cause injury responsible for their actions and to get every client the settlement he or she deserves.