When a worker in the state of Pennsylvania is hurt in an on-the-job accident, it is possible that the injured worker will seek workers' compensation benefits. These benefits may be accessed via a workers' compensation claim. Though the process of obtaining these benefits is not a legal matter that is worked through in the legal system, there are situations where injured workers may find it beneficial to work with a lawyer to secure the benefits. Once secured, the amount of and period of time the benefits will be available depends on the severity of the injuries suffered in the incident.
Depending on the circumstances surrounding the work accident, it is possible that an injured worker could consult in lawyer for another reason—to file a civil lawsuit against the individual or group responsible for the accident occurring. In this situation, the matter does play out in the legal system. Recently a worker in Pennsylvania filed such a lawsuit.
The man broke his arm when an object being moved by the forklift he was operating, fell upon him. As a result, he suffered two fractures that required surgery to fix. He also claimed his nervous system suffered severe shock.
In his complaint the man, a subcontractor, said the items had been loaded upon the machine by other workers at the commercial loading dock. He further alleges that the employer of those workers was negligent in, among other things, allowing the items to be stacked too high and failing to properly supervise the workers. He is seeking compensatory damages totaling more than $50,000.
Workers who are injured in the course of their job should be aware that workers’ compensation benefits could be available to them. In addition, it is important to recognize that a civil lawsuit may be viable as well.
Source: The Pennsylvania Record, “Forklift operator sues Phila. distribution center over fractured arm sustained while on the job,” Jon Campisi, Oct. 2, 2013