Workers with physical disabilities are part of the workforce in every state, including Pennsylvania. Some of those disabilities are long standing and do not prevent people from working. Sometimes, though, an individual can become disabled as a result of a workplace injury. If the disability prevents the worker from returning to the job even temporarily, he or she may be eligible for government benefits to live.
Every state has some form of a workers' compensation program that provides cash benefits and sometimes medical facilities to treat workers' injuries. Those with workplace disabilities may also be eligible for Social Security Disability Insurance and other medical care benefits. The largest benefit program for people with disabilities is the Social Security Disability Insurance program. The next largest are the state workers' compensation programs.
Scaffolding falls and collapses are, unfortunately, an all too common type of construction accident in Pennsylvania. These types of cases can be extremely complex, but getting the right information about the available options can help injured workers through the legal process.
At Friday & Cox LLC, our workers' compensation lawyers have more than seven decades of combined experience and a record of results that speaks for itself. We have a long history of handling these cases and know exactly where to look to find opportunities to ensure that justice is served.
In every state there are statutes in place which provide a time limit for filing a lawsuit. These time limits (in legalese called "Statute of Limitation") vary from state to state, and they also vary depending on the type of legal claim you are trying to raise (i.e. personal injury, medical malpractice, contract disputes to name but a few). The clock starts ticking for the statute of limitation on the date your legal claim arises or accrues. If you are injured in a car accident, for example, the statute of limitations clock would start ticking on the date of the accident. There are a few exceptions that will permit a longer statute of limitations period. If you try to file a lawsuit beyond the statute of limitations your case will be dismissed!
Residents of Pennsylvania may have noticed the use of industrial trucks on various worksites to move and transport materials. Forklifts, rider trucks and platform lift trucks are often seen in use throughout the state. Some workers who operate this machinery or work near it are injured every year due to unsafe work conditions.
Statistics show that almost 20,000 workers are injured and around 100 workers killed in forklift accidents in the United States each year. Almost a quarter of these accidents happen when a forklift overturns. Sometimes a forklift falls between the loading dock and an unsecured trailer or falls when elevated on tines and pallets. Employees performing tasks near forklifts often suffer injuries after being hit by a forklift.
In representing our clients, we travel around Western Pennsylvania from Pittsburgh to Erie to Smethport to Bellefonte to Bedford and beyond on a daily basis. While driving around, I (Paul G. Mayer, Jr.) try to take a minute every once and awhile to appreciate the beautiful scenery and interesting people of our Commonwealth. In "Hittin' the Road with Friday & Cox", I'll give you the highlights. Hope you enjoy it.
It is a primary responsibility of every employer to ensure that workers are safe while performing their jobs. This is true everywhere in the country, including Pennsylvania. When employers fail to meet this responsibility, they can be cited and fined by federal and state agencies that are charged with making sure workers are safe. This responsibility recently led the federal Occupational Safety and Health Administration to fine a Pennsylvania amusement park operator.
According to OSHA, the operators of Dorney Park & Wildwater Kingdom in Allentown were recently fined $7,000 for their failure to protect employees from extreme heat during the peak of summer business. The fine comes after a teenage employee blacked out in early June near a food fryer; the worker apparently suffered burns in the incident.
By Friday & Cox LLC of Friday & Cox LLC posted in Negligence on Friday, January 2, 2015.
The Pennsylvania Supreme Court recently decided an interesting case involving an insured couple suing their insurance company over negligent handling of a claim under their homeowner's policy. Typcially, when a contract exists between two parties, one of the parties cannot sue the other party for negligently carrying out duties covered by the contract. The theory is that the claim is one of breach of contract and not negligence (or tort). The Pennsylvania Supreme Court ruled, in Bruno v. Erie Insurance, however that one party to a contract will not be prevented from suing the other for negligence merely because a contract between the two parties existed.
Workers' compensation may be extended to all workers who are injured during the course of employment. Many employees may suffer severe workplace injuries that may render them paralyzed due to the gravity of the injury. An employee may even die due to the injuries suffered. Pennsylvania law dictates that all such employees who have suffered injuries either at the workplace or during the course of employment must be compensated by the employer under workers' compensation.
Sometimes, if the employee has suffered permanent disability, then he may even be eligible for other government sponsored benefits in the form of Social Security disability benefits. Any such benefits received due to disabilities suffered are added along with the workers' compensation received from the employer and insurance companies under Pennsylvania law.
A work accident can lead to grave medical and physical problems. Many times, workplace injuries suffered due to an accident may cause disability or impairment that can lead to unemployment as well as extremely high medical expenses.
There are some jobs that are, by their very nature, more dangerous than others. Firefighters, police officers, and construction workers are some of the most vulnerable workers susceptible to workplace injuries due to their dangerous jobs.
Peter D. Friday was selected as a Super Lawyer 2007-2014