When Can You File a Personal Injury Claim for a Work Accident?

If you were injured at work in Pennsylvania, filing a workers’ compensation claim may not be your only option. Depending on how you got injured and who (or what company) was responsible, you may also have a personal injury claim. If you do, an Easton personal injury lawyer may be able to help you seek full compensation for your injury-related losses.

Dealing with a work-related injury can be costly, and it can have impacts on all aspects of your day-to-day life. While workers’ compensation covers eligible employees’ medical bills and a portion of lost wages, it does not cover all costs associated with a serious on-the-job injury.

This makes it important to file a personal injury claim if you are eligible.

Injured workers can file personal injury claims in some (but not all) circumstances. To find out whether you are eligible to file a claim, consult an experienced Easton personal injury lawyer promptly. If you have a personal injury claim, you can seek compensation beyond the benefits available through workers’ comp—and an experienced lawyer can help you pursue the full compensation you deserve.

When Can You File a Personal Injury Claim for a Job-Related Injury in Pennsylvania?

As a general rule, employees eligible for workers’ compensation cannot file personal injury claims against their employers (though limited exceptions apply). However, employees can file claims against other parties that are responsible for their injuries. For example, employees will often be able to file personal injury claims for work-related injuries from:

• Accidents caused by contractors and subcontractors
• Auto accidents
• Product malfunctions
• Slips, trips, and other premises-related accidents

Importantly, if you have a personal injury claim and you are eligible for workers’ compensation benefits, you can—and generally should—file both types of claims. Personal injury claims and workers’ compensation claims have different deadlines and filing requirements, so you will need to be careful to protect your legal rights. If you have a workers’ comp claim, you must also comply with Pennsylvania’s requirements for medical providers.

What Should I Do if I was Injured in an Accident at Work in Easton, PA?

If you were injured in an accident at work and you have questions about filing a personal injury claim, you should talk to a lawyer promptly. An experienced Easton personal injury lawyer will be able to advise you regarding matters such as:

• Preserving your eligibility for workers’ compensation
• Determining if you have grounds to file a personal injury claim
• Seeking medical treatment and documenting your injury-related losses
• Dealing with your employer and making informed decisions during your recovery

You should also keep any evidence you have (i.e., any photos or videos you took with your phone) and take detailed notes about the accident. This includes writing down the names of any coworkers who saw what happened.

FAQs: Filing a Personal Injury Claim After an Accident on the Job

If I was injured in an accident at work, should I report the accident to my employer?

As a general rule, when you get injured in an accident at work, you should report the accident to your employer as promptly as possible. If you are eligible for workers’ compensation benefits, reporting the accident is important to preserve your right to benefits; and, if you have a personal injury claim, your report will help document your claim for damages. If you have concerns about reporting the accident to your employer for any reason, our lawyers can help.

Can I be fired for reporting an accident at work?

Generally speaking, your employer cannot fire you for reporting an accident at work. You have the right to seek the compensation you deserve, and your employer cannot retaliate against you for taking appropriate legal action.

What are the differences between filing for workers’ compensation and filing a personal injury claim?

Several differences exist between filing for workers’ compensation and filing a personal injury claim, and it is important to understand them when you are dealing with a job-related injury. Most importantly, however, filing a personal injury claim (if you have grounds to do so) lets you seek compensation not available through workers’ comp. While workers’ comp covers eligible employees’ medical bills and a portion of lost earnings, filing a personal injury claim allows you to seek full compensation for lost earnings, plus additional compensation for pain and suffering, emotional trauma, and other non-financial losses.

How an Easton Personal Injury Lawyer at Our Firm Can Help

If you were injured on the job in Pennsylvania, we can help you protect your right to just compensation. We can investigate the accident and determine what claim (or claims) you are eligible to file; and, if you have a personal injury claim, we can fight for full compensation on your behalf. When you hire an Easton personal injury lawyer at our firm to represent you, your lawyer will:

• Provide a comprehensive assessment of your legal rights
• Calculate the financial compensation you are entitled to recover
• Seek a settlement that fairly compensates you for your injury-related losses
• Take your case to court if necessary

While injured workers in Pennsylvania have clear legal rights, you can lose your ability to seek just compensation if you aren’t careful. To make sure you know what to do (and what not to do) as you begin recovery, contact us for a free consultation today.  

Schedule a Free Consultation Today

If you would like to schedule a free consultation with an Easton personal injury lawyer at Drake, Hileman & Davis, PC, please get in touch. To schedule an appointment as soon as possible, call 888-777-7098 or tell us online how we can help.