Falls From Heights And Falling Debris/Materials
Were You Injured In A Fall When Your Co-Worker Shook Your Ladder?
Under workers’ compensation laws, if you are injured on the job, such as by a fall from heights or in a falling debris accident, you cannot sue your employer. Rather, you would file a workers’ compensation claim.
When you file a workers’ compensation claim for a falling debris injury, for example, your employer, or your employer’s insurance company, is supposed to provide payment for your medical bills and treatment, rehabilitation and some of your wages.
If another person other than your employer was responsible for your on-the-job injury, you may file a third-party lawsuit. A third-party claim may go to court or be settled out of court.
In a third-party claim, you may file for the balance of your wages, pain and suffering, or emotional distress. Additionally, unlike a workers’ compensation claim, your family is able to file a claim against the third party for loss of companionship, and the loss of previously provided services, society and comforts .
Applicable Pennsylvania laws are complex and require a substantial depth of legal knowledge. Liability basics, procedural methods and issues surrounding some industries such as safety officers, contractors and indemnification agreements require a lawyer’s clarification.
At Goldstein, Heslop, Steele, Clapper, Oswalt & Smith, our experienced attorneys take the time to clearly explain how to best achieve successful results based on your options. Call our Altoona office to make an appointment at or complete our online form to get in touch with us.
How Do I Know Which On-The-Job Injury Claim To File?
If your injury occurred at work, you should against your employer for workers’ compensation. If your injury was caused by a third party and not your employer or a fellow employee, you may have a third party civil action for damages due to their negligence.
Third-party claims may be filed in the event of workplace injuries such as:
- Construction accidents
- Heavy machinery accidents
- Defective tools and machinery
- Burn accidents
- Scaffolding or ladder malfunctions
- Motor vehicle accidents within the course of your employment
When you file a claim against a negligent third party, your employer may file a lien against the amount of any judgment you may recover. The idea is to prevent a double recovery for your injuries. There are many other legal issues that may be involved in such a claim which require the involvement of an experienced attorney who looking out and fighting in your best interests.
At Goldstein, Heslop, Steele, Clapper, Oswalt & Smith, our loyalties are with our clients to help them recover optimally from a workplace injury. We inform and offer compassionate guidance each step of the way. Contact us first to discuss your injury and its cause so that all applicable claims may be evaluated and pursued on your behalf.