Workplace injuries and fatalities are normally handled through the employer's workers' compensation insurer, which usually precludes any direct action against the employer unless it was guilty of gross negligence or wrongfully denied worker's compensation benefits to its employees.
]]> What Benefits For the Injured Worker and the Deceased Worker's Family?Workers' compensation benefits include the cost of medical expenses and most of the injured worker's lost earnings. If he sustained a permanent injury or disability, he would be entitled to a certain statutorily determined payment based upon a percentage of his wages. He would also be entitled to physical therapy and other treatments, but vocational rehabilitation is not available in Pennsylvania for injured workers who need retraining for another vocation.
The family of the deceased worker would be entitled to burial expenses and death benefits according to Pennsylvania law.
Another option for the injured worker and family of the deceased is to file a suit for negligence and wrongful death against The Hill School and any other contractors involved in the construction or renovation of the roof. The school had a duty to warn the workers of a potentially hazardous condition and its failure to warn could be construed as negligence. Other contractors may have also created hazards on the roof or defects in the construction that led to the collapse. In a third-party lawsuit against another contractor or the school, the decedent's spouse and children might also be awarded a sum equal to the deceased worker's past and future earnings, funeral expenses and compensation for loss of consortium, or the loss of love and affection.
If the injured worker filed a civil lawsuit against another liable party, he might be entitled to compensatory damages including loss of past and future earnings, past and future medical expenses, and damages for pain and suffering.
If the injured worker or the deceased worker's family did receive a settlement or jury award from a third-party, the workers' compensation insurer would be entitled to reimbursement for any compensation it paid to or on behalf of either party. If you or a family member was injured on the job, contact an experienced worker's compensation attorney to discuss your rights.
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]]>Rudolph Paci, 45, suffered burns over 65 percent of his body and required skin grafts that resulted in 95 percent of his body being disfigured. James Sutch, 44, suffered burns over 22 percent of his body, with 33 percent permanently disfigured. He was able to eventually return to work.
In addition to his disfigurement, Mr. Paci's sweat and oil glands were destroyed, leaving him without the ability to regulate the temperature of his body or skin moisture. He is unable to work and will require lifetime medical care.
]]> While most workers would expect to have a job-related injury such as this covered by the workers' compensation insurance of their employer, because of the nature of the accident, Paci and Sutch had an additional option.Inductotherm was judged 50 percent liable by the jury and the two other companies were liable for 25 percent of the damages award. The liner of the furnace failed, allowing the molten metal to contact a copper coil filled with ethylene-glycol/water mixture. The resulting explosion was described as "like a volcano" by the attorney for the two men, the Press-Dispatch reported.
Workers' Compensation and Third-Party Claims
Because the two men did not work for manufacturers of the furnace or its component parts, they were able to bring what is known as a third-party liability lawsuit. Third-party lawsuits are allowed where, as here, the employer (the second party) is not directly responsible for the damage.
The flaw in the furnace was such that a reasonable person looking at it, could not have discovered that it might fail, and could not take action to stop that failure - a design or manufacturing defect existed that only the manufacturer could have discovered.
If you have been injured at work, you should speak with an experienced workers' compensation attorney who can review the facts of you accident and advise you of both your potential workers' compensation benefits, and any third-party personal injury claims you may have.
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