Pennsylvania Workers’ Comp Lawyer for Meat Packing Workers
Meat packing is one of the most dangerous industries, with some statistics saying as many as 27 workers per day suffer amputations/hospitalizations, let alone other injuries. If you get hurt at work, our lawyers will help you obtain the compensation you need from your employer.
Employers are required to cover workplace injuries, including in meat packing. This should pay for lost earnings and any medical care needed to treat the injuries, as well as a set payment for amputations and other permanent injuries.
For a free review of your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers today at (267) 651-7945.
Common Workplace Injuries for Meat Packing Workers
Many meat packing workers have duties dealing with work conditions, working to clean up as best as they can to keep themselves and their coworkers safe. However, some of the environmental factors, protective equipment failures, and general conditions of meat packing can result in some of the following common injuries.
Slip and falls and injuries from slipping while handling knives, saws, and other tools can be quite devastating. A fall resulting in a serious head injury could leave you out of work for a long time, and serious cuts can cause amputations.
Protective equipment should prevent some of these injuries, but it is not always adequate. It may also be defective, or your employer might not have provided you with everything you need.
Even with proper protective equipment, bacteria and infections are common. You can even more easily catch diseases from animals, such as bird flu.
Lastly, one of the most common injuries is musculoskeletal injuries from repetitive stress or repetitive strain. These injuries are acquired over time, but they are still certainly “work-related” injuries.
What Injuries Qualify for Benefits?
Most of the injuries discussed above should qualify for benefits under Workers’ Compensation in most cases. Our Workers’ Comp lawyers for meat packing workers can analyze the facts of your case and how you were injured, with the goal of proving your injuries were related to your work tasks.
This is the core requirement for Workers’ Comp coverage. This system does not look so much at who caused the accident or whether it was even your employer’s fault; they are required to cover any injuries acquired during your work tasks.
If you caused your injuries through drug or alcohol use, illegal activity, or intentional acts, that might cut off compensation. Otherwise, virtually any accidents at work should be covered for employees.
Benefits Available for Injured Meat Packers
If you are injured at work, your employer is responsible for covering medical bills related to your injury. These should be paid for any treatment, even if you can return to work soon after the injury.
If you have an injury that keeps you out of work, your employer should be responsible for covering wage-loss benefits. These are usually paid at 2/3 of the average pay rate you received before the injury.
If your injury takes you down to partial capacity instead of totally disabling you, you receive 2/3 of the difference in wages to make up for some of what you lost.
Workers’ Comp Coverage for Amputations and Permanent Injuries for Meat Packers
Amputations and permanent injuries are quite common in meat packing, so it is worth exploring the additional benefits paid for these injuries as “specific loss” benefits.
The Workers’ Comp Act lists a number of permanent injuries, including amputation, lost hearing, lost vision, and facial scars. Each one has a number of weeks assigned to it, during which you receive an additional 2/3 of your average wage.
These benefits account for the lost or lost function, paying you back directly for that harm. These benefits are paid on an ongoing basis for as many weeks as the statute says, but they can be cashed out in a settlement, too.
Can You Settle a Workers’ Comp Claim?
In the typical Workers’ Comp case, benefits are paid after your employer accepts your claim. In many cases, this instead needs to go to court because the employer rejects the claim. There, the Workers’ Comp Judge can order benefits instead.
Alternatively, you can settle your case. Doing this ends your claim and settles any future issues. Most settlement agreements also ask you to resign your position and stop seeking employment with that employer.
When you settle, you should receive the full value of medical care needs – both present and future – and any wages you will lose going forward. We should also account for any specific loss benefits as well.
Settlements should always be reviewed by your attorney and a judge to make sure they are fair. If you have a complex injury with hard-to-predict medical needs, a settlement might not be able to account for that, factoring into whether you should settle or not.
OSHA Violations and Meat Packing Injuries
Many injuries at meat packing sites are caused by employers pushing employees to do too much work too fast. This leads to improper cleaning, rushed movements, additional repetitive movements, and abandoned protective equipment. All of these issues are potential OSHA violations and recipes for disasters.
You do not have to prove an explicit OSHA violation to prove your Workers’ Comp case, as fault is not a factor. Instead, any accidental injury during your work tasks should be covered, whether it was caused by a safety violation or not.
This takes away extra hurdles for injured workers to get the compensation they need.
Can I Sue for Meat Packing Injuries?
In many cases, Workers’ Comp is your best route to recovery.
Lawsuits cannot be filed against your employer, so if they caused your injury, there is likely no other lawsuit available. Similarly, you cannot sue if you caused your own injury, but you can claim Workers’ Comp.
Separate lawsuits, however, can sometimes be filed against third parties – e.g., manufacturers of defective safety gear – to achieve damages beyond what your Workers’ Comp benefits pay.
Call Our Workers’ Comp Lawyers for Meat Packing Injuries Today
Call (267) 651-7945 for a free case review with Cardamone Law’s Workers’ Comp attorneys for meat packing workers to get started on your case.
