You step onto a Philadelphia construction site every day, ready to work hard and keep your team safe. However, when a faulty nail gun, a defective saw or a failing scaffold causes an injury, the pain and financial pressure can come fast. Pennsylvania law gives injured workers clear options, and knowing what they are is the first step to protecting yourself.
Understanding workers’ compensation as your first line of protection
If faulty equipment injures you on the job, Pennsylvania’s workers’ comp system is your first source of relief. Unlike a personal injury lawsuit, you do not need to prove anyone was at fault. A successful claim covers medical treatment and a portion of lost wages, typically two-thirds of your average weekly wage up to state limits.
Additionally, workers’ comp is generally your only remedy against your employer. You cannot sue your employer directly for personal injury.
Holding the equipment manufacturer accountable
A faulty equipment injury does not always stop with a workers’ comp claim. If a manufacturer made a tool with a dangerous defect, or a supplier provided broken equipment, you may be able to file a product liability claim against that third party. This matters because it opens the door to compensation that workers’ comp does not cover, including pain and suffering and the full loss of your future earning capacity.
Meeting deadlines that can make or break your claim
Pennsylvania sets strict deadlines for injured workers, and missing any of them can permanently block your right to compensation:
- 21 days: Injuries reported within this window may qualify for wage loss benefits retroactive to the date of the accident. After 21 days, benefits only begin from the date of notice.
- 120 days: The final deadline to report a workplace injury.
- 2 years: The deadline to file a product liability lawsuit against a negligent equipment manufacturer.
- 3 years: The deadline to file a formal petition if your employer denies your workers’ compensation claim.
Acting promptly after an injury gives you the best chance of preserving all available options.
Getting the legal support you need
Pursuing both a workers’ comp claim and a product liability lawsuit at the same time is complex. For example, if you recover a settlement from an equipment manufacturer, your employer’s insurer has a right to recover the workers’ comp benefits already paid to you, minus a share of your legal costs.
An experienced attorney can help manage these competing interests, hold all responsible parties liable, and get you the most compensation possible.