Philadelphia Work Injury Attorney
With millions of people living and working in greater Philadelphia, and a strong union presence throughout our state, workplace injuries are a serious issue. Work injuries happen, not only in heavy industry and construction, but also in jobs involving a risk of car accidents, violent crime and other dangerous events. People injured at work, and the families of those killed, should usually be covered by workers’ compensation laws — but in practice, some employers will do anything to avoid paying because it will ultimately raise their insurance costs.
If you are injured and not sure what to do, you should speak to a Philadelphia work injury attorney from Rosenbaum & Associates as soon as possible after an accident to protect your legal rights. Contact us to schedule a free consultation today or give us a call at (215) 569-0200.
Why Choose Rosenbaum & Associates?
Rosenbaum & Associates has been fighting for injury victims in Pennsylvania for over 25 years. Our lead attorney, Jeffrey Rosenbaum has been handling personal injury claims since 1992, and he has helped over 20,000 clients who have been seriously injured from traumatic accidents and work injuries in Philadelphia.
Our firm has a proven track record of success handing work injury cases. The expert attorneys at Rosenbaum & Associates have successfully settled multiple work injury cases ranging from $750,000 to $2,000,000.
We take work injury cases on a contingency fee basis and will not charge legal fees unless we win. What this means is that if we don’t win your case, you won’t pay, and on top of that, you don’t have to pay anything out of your pocket to hire us.
Not sold on us yet? Here’s what some of our proud clients have to say.
“Very pleased with my experience! I was highly appreciative for their continued communication revolving my legal issues. I would not hesitate to recommend Rosenbaum and Associates to anyone needing a professional and trustworthy law firm. Definitely 5 stars!”
– Lynette B.
“I’d like to take this opportunity to thank the staff at Rosenbaum and Associates for their exceptional customer service, their caring nature, and their follow-through in getting my case resolved. They’ve come to be my new friends for the past 3 years, and hopefully my new business colleagues.”
– Muniyr M.
“I’ve recently had the best experience at Rosenbaum and Associates. The staff was very welcoming and they seemed to really care about my wellbeing. The paralegal I was assigned to was very knowledgeable and responded promptly whenever I had a question about my case. She also informed me of all updates and whenever I needed assistance with retrieving or completing a document, she never hesitated to assist me. Rosenbaum and Associates turned an undesirable event into an experience that I will never forget. My first choice will always be Rosenbaum and Associates and so should yours.”
– Amanda F.
Why Should You Hire a Philadelphia Work Injury Lawyer?
After a work injury, most Philadelphia workers should be able to claim compensation for medical bills and partial replacement wages through their employers’ workers’ compensation insurance. However, this is not a simple process, and some employers intentionally make it difficult. Workers absolutely should still make their claims, but they should seriously consider hiring a Philadelphia work injury lawyer if they believe their employer is trying to discourage them from making a claim, or their claim is unfairly denied.
Hiring a Philadelphia work injury lawyer can be beneficial for several reasons:
1. They Have Proper Knowledge and Experience
Work injury lawyers have in-depth knowledge and experience with the complexities of the Pennsylvania legal system. Their expertise can help ensure that you can maximize your chances of receiving the benefits and compensation you deserve.
2. They Can Protect Your Rights
A Philadelphia work injury lawyer can also serve as your advocate and protects your rights while you focus on recovering. They can help you understand your legal options, gather evidence, obtain medical records and reports, interview witnesses, and build a strong work injury case on your behalf.
3. They Have Strong Negotiation Skills
Work injury lawyers are skilled negotiators who can handle interactions with the insurance company. They can advocate for your best interests, negotiate for a fair settlement, and challenge any attempts by the insurer to deny or minimize your claim.
4, They Can Handle Appeals and Disputes
If your case is denied or disputed, an attorney from Rosenbaum & Associates understands the legal requirements and procedures for challenging denials and can present your case effectively in court, if necessary.
Rosenbaum & Associates stands by workers throughout the claims and appeals process, making sure their rights are respected at every step.
Philadelphia Work Injury Resources
To access any point on this page, click any of the following links below.
- Why Choose Us?
- Why Hire A Lawyer?
- What To Do If I Injure Myself At Work
- What Happens If I Can’t Return to Work
- Cost of Hiring An Attorney
- Most Common Fatal Work Injuries
- Cost of Hiring An Attorney
- Third-Party Liability
- Types of Damages Available After A Work Injury
- Time Limit On Filing A Claim
- Contact Us Today
- Locations We Serve
What Should I Do if I Injure Myself at Work?
If you are injured at work, it is critical to take the following steps:
Seek Medical Attention
Your health and safety are the top priority. If you have a severe or life-threatening injury, call 911. For less severe injuries, notify your employer and seek medical attention immediately. Make sure to inform the healthcare provider that your injury is work-related.
Report the Injury to Your Employer
If you have not already, notify your employer about the injury as soon as possible. Provide details of how the injury occurred, when and where it happened, and any witnesses present. Follow your employer’s reporting procedures, which may involve filling out an incident report or completing specific forms.
Document the Incident
Keep a record of the accident, including the date, time, location, and circumstances surrounding the injury. Take photos of any visible workplace injuries and the scene if applicable. This documentation can be valuable later when attempting to recover compensation.
Get In Touch With A Lawyer
After taking the above steps, seek legal advice from an experienced Philadelphia work injury attorney. By getting in touch with a lawyer sooner rather than later, you can get help with filing work injury claims, and you don’t have to handle negotiations with insurance companies.
File a Workers’ Compensation Claim
Next, your employer should have the necessary workers’ compensation claim forms, which must be submitted within 120 days in Pennsylvania.
Follow Medical Advice and Treatment
If necessary, adhere to the treatment plan prescribed by your doctor. Attend all appointments, therapies, and rehabilitation sessions recommended. Keep records of medical bills, prescriptions, and other related expenses.
Keep in Contact With Your Employer
Communicate with your employer and their insurance company regularly, while updating them on your condition and progress for returning to work.
What Happens If I Can’t Return to Work?
If you are unable to return to work after a work injury in Pennsylvania, there are several possible options to consider:
The Pennsylvania workers’ compensation system provides disability benefits to workers who are temporarily or permanently disabled as a result of a work injury. These benefits include:
- Temporary Total Disability (TTD): TTD benefits typically provide wage replacement at a rate of two-thirds of your average weekly wage. Payments can continue for up to 104 weeks, at which point your employer’s insurer may request an Impairment Rating Evaluation (IRE).
- Permanent Partial Disability (PPD): If your work injury results in a permanent impairment, but you can still perform some type of work, you may be eligible for PPD benefits. The amount of PPD benefits you receive will be two-thirds of the pay difference based on the average weekly wage up to the maximum rate of pay the year you were injured.
- Vocational Rehabilitation: If your work injury prevents you from returning to your previous job, vocational rehabilitation services may be available to help you acquire new skills or find alternative employment. These services are designed to assist injured workers in reentering the workforce in a suitable capacity.
- Permanent Total Disability (PTD): Under this classification, a doctor has determined that your condition no longer has the potential to improve, and you are 35 percent or more disabled. Therefore, you cannot return to work in any capacity. In this situation, you can collect lost wage benefits indefinitely. If you also file for Social Security disability benefits, the total amount of both benefits cannot exceed 80 percent of your average pre-injury earnings.
- Specific Loss Benefits: You may be entitled to specific loss benefits if you lose a body part or suffer a permanent disfigurement due to a work accident. These benefits are separate from TTD or PPD benefits and provide compensation equal to your TTD benefit for a specific amount of time.
- Social Security Disability Insurance (SSDI): If your work injury results in a long-term or permanent disability that prevents you from engaging in substantial gainful activity, you may be eligible for SSDI benefits. SSDI is a federal program administered by the Social Security Administration (SSA). To qualify for SSDI, you must meet specific criteria related to your disability, work history, and contribution to the Social Security system.
How Much Does a Philadelphia Work Injury Attorney Cost?
At our law firm, our work injury lawyers in Philadelphia often work on a contingency fee basis. That means they will only receive payment for their legal services if they are successful in obtaining compensation for a client. Here are some key points to understand about contingency fee arrangements:
- No Upfront Costs: You do not have to pay any lawyer fees to retain their services. The attorney will cover the costs associated with your case, such as court filing fees, expert witness fees, and other expenses.
- Payment Upon Successful Outcome: The lawyer’s fee is contingent upon winning your case or obtaining a settlement on your behalf. If your case is successful, the attorney will receive a percentage of your compensation, which on average, is 33.3%.
- Risk-Free Representation: A contingency fee arrangement allows injured workers to pursue legal action without the financial risk of paying attorney fees if the case is unsuccessful. As a result, it aligns the lawyer’s interests with the client’s.
Contingency fee agreements can provide access to skilled legal representation for individuals who might otherwise be unable to afford the costs of hiring an attorney.
What Are the Most Common Fatal Work Injuries in Philadelphia?
Nationwide, a total of 5,190 fatal work injuries were reported in 2021, and of that, 162 were reported in Pennsylvania. While this may only be a fraction of the total, many of these could have been preventable. The Bureau of Labor Statistics further broke down 2021 fatal work injuries in Pennsylvania and categorized them into the following types of work–related accidents:
1. Transportation Incidents: This category includes accidents involving motor vehicles, aircraft, watercraft, and pedestrians being struck by vehicles. Transportation issues caused 59 fatal work injuries in Pennsylvania.
2. Falls, Slips, and Trips: 30 fatalities resulted from falls from heights, falls on the same level, or slips and falls (e.g., falls from ladders, roofs, scaffolding, or into holes or trenches).
3. Contact with Objects and Equipment: These accidents were responsible for 29 fatalities and involved workers being struck by objects or equipment, caught in or compressed by machinery, or caught in collapsing structures or materials.
These three categories together accounted for 73% of all fatal workplace injuries in Pennsylvania.
4. Exposure to Harmful Substances: 24 work-related deaths were caused by exposure to harmful substances or environments, such as toxic chemicals, gases, radiation, or fumes that cause poisoning, asphyxiation, etc.
Another significant concern is work-related fatalities resulting from intentional acts of violence, including assault and homicide.
What Is Third-Party Liability?
Workers’ compensation insurance normally bars injured workers from suing the employer. But workers are free to sue a third party, such as a contractor, an equipment manufacturer or an unsafe driver. They may also sue the employer if workers’ compensation appeals fail or if it illegally failed to carry insurance at all. This allows injured workers and their families to get fuller compensation.
Because a third-party claim is a separate legal action, the burden of proving fault falls on the injured worker. Most cases will hinge on the legal theory of negligence, which is a party’s failure to exercise reasonable care or doing something that another reasonably prudent person would not do in a similar situation. To demonstrate another party was negligent will require establishing the following elements:
Duty of Care
A duty of care must have existed between you and the defendant (at-fault party). For example, the owner of a property you are working on has a duty to keep the premises in a reasonably safe condition.
Breach of Duty of Care
The defendant violated their duty of care—for example, a property owner failing to repair or warn you of a known hazard.
The defendant’s breach of care directly caused your injury, or in other words, you would not have been injured if the property owner had not breached their duty of care and either fixed or warned of the dangerous condition.
The final element is damages. You must have suffered financial or other losses, such as medical bills, lost income, pain and suffering, or emotional distress.
Types of Damages Available After A Work Injury
If you can successfully prove another individual or company is responsible for your work injury accident, the following types of compensation are commonly available:
- Medical Costs: With workers’ comp claims, you must go to a doctor selected by your employer to have medical coverage. When you file a third-party lawsuit, you can seek compensation for both present and future medical expenses related to treatment for your injury by your own physician.
- Lost Income: You have the right to pursue the full extent of your lost income and future lost earning capacity since workers’ comp only covers a portion.
- Pain and Suffering: Compensation for physical pain and suffering or emotional distress caused by your injury, which a workers’ compensation claim does not provide.
- Punitive Damages: In some work injury lawsuits, punitive damages may be awarded if the defendant was extremely reckless or malicious.
- Wrongful Death: Surviving family members of a work injury victim have the right to file a wrongful death lawsuit, and obtain compensation for medical bills incurred related to the workplace accident, funeral and burial expenses, lost wages that the deceased person would have earned until their retirement, loss of companionship, pain and suffering, and more.
Is There a Time Limit on Filing a Work Injury Claim?
Pennsylvania has laws in place, known as the statute of limitations, that limit the amount of time victims have to file a work injury claim, which are as follows:
- Third-Party Work Injury Claims: You have two years from the date of the accident to file a personal injury lawsuit.
- Wrongful Death: Surviving family members who have lost a loved one due to a work injury can file a wrongful death lawsuit within two years of the accident or date of death.
- Workers’ Compensation Claim: Injured workers must report an injury to their employers within 120 days of the accident and have three years to file a claim. However, there are some exceptions if the injury or an illness develops over time.
- Cases Against a Government Entity: If a work injury claim involves a city or state employee or a government agency, you must file a notice of your intent to sue within six months of the accident.
There are some exceptions to these time limits, but failing to meet these deadlines will bar you from recovering compensation.
Contact Our Philadelphia Work Injury Lawyer Today
To learn more about claiming fair payments for a work injury or to tell us about your case, contact the Philadelphia law firm of Rosenbaum & Associates today for a free case evaluation. At Rosenbaum & Associates, our Philadelphia work injury attorney offers a free consultation, so potential clients can ask us about the strength and value of their cases with no further obligation or charge. You are always welcome to contact us online or call (215) 569-0200.
Locations We Serve
Our team serves many areas in Philadelphia, including:
Rittenhouse Square | Center City | University City | Old City | Fishtown | Northern Liberties | Fairmount | Manayunk | Chestnut Hill| East Falls | Queen Village | East Passyunk | Germantown | Mount Airy | Bella Vista | Passyunk Square | Logan Square | Fairmount Park | Callowhill | East Kensington | South Philadelphia Brewerytown | Point Breeze | Spring Garden | Chinatown | Market East | Penn’s Landing | Society Hill | Templetown | West Philadelphia