Injuries in the workplace are often considered “work-related.” This typically allows you to file them as Workers’ Comp claims, assuming other conditions are met.
You must be an employee to file a Workers’ Comp claim, and the accident must have happened because of work conditions or while you were performing work duties. Wage-loss benefits are only available if you miss at least 7 days of work. However, we can also help you sue for other accidents, such as car crashes or accidents caused by outside parties that just so happened to have occurred at your workplace.
For a free case review, call Cardamone Law’s workplace injury lawyers at (267) 651-7945.
When to Use Workers’ Comp for a Workplace Injury
If your injury meets these conditions, then Workers’ Comp should be available as an option:
- You were an employee.
- Your injury was caused by work conditions at your workplace or happened while you were in the course of performing your job duties.
- You missed at least 7 days because of the injuries.
For example, you may be able to file Workers’ Comp if a machine you were using for work injured you. However, you can also file a claim for injuries from general conditions at your workplace, such as the following:
- Slip and falls
- Fires and explosions
- Chemical exposure resulting in burns, cancer, etc.
- Noise exposure resulting in hearing loss
- Collapsing shelves, catwalks, etc.
- Collapsing floorboards or other structures.
Workers’ Comp is supposed to be no-fault, meaning that it pays regardless of fault or who caused the accident.
Can You Sue for Workplace Accidents?
On top of a Workers’ Comp claim, or instead of one, you can also file a lawsuit. However, this is not available against an employer.
You cannot typically sue an employer, which is what Workers’ Comp is for. However, if you are not an “employee” (e.g., you are an independent contractor), then you can sue a client, as they are not an “employer.”
Regardless of your employment status, you can sue third parties, such as
- Drivers
- Vendors/suppliers
- Manufacturers
- Contractors
- Building or property owners.
Can You File a Claim for “Workplace Accidents” that Happen Off-Site?
We often use the phrase “workplace accident” interchangeably with “work accident” or “on-the-job accident,” but there is no requirement that the accident happen at your workplace.
Accidents at Your Workplace
Accidents at your workplace can be unrelated to your actual job tasks and still get you coverage, so long as they are related to the actual conditions at work. This can include things like a slippery floor in the bathroom, causing you to fall and hit your head.
Accidents Away from Your Workplace
However, you can also file a claim for off-site injuries that happen while you are doing your work tasks. This includes injuries under conditions such as
- Off-site trainings, meetings, or retreats
- Accidents for commercial drivers
- Accidents at another site for vendors, suppliers, etc.
- Accidents while driving between job sites
- Accidents during work travel.
It also covers nontraditional jobs where you may have no workplace or office, or where you work from home but get injured performing work tasks.
This typically does not allow for claims for injuries during your normal commute.
FAQs for Workplace Injuries in Pittsburgh
What Counts as a “Workplace” Injury?
Work injuries, broadly, can be claimed through Workers’ Comp so long as they happen while you are serving your employer and performing work tasks. This does not necessarily require you to be present at any particular type of workplace.
However, you can also file claims for dangerous conditions at your workplace, whether that be an office, a job site, or any other place your employer requires you to be.
Can You file a Claim for Injuries in the Breakroom, Company Gym, Etc.?
Typically, if a location – like a breakroom – is set aside by your employer for employees to use, then it is considered part of your “workplace” for Workers’ Comp purposes.
Remember that if you are performing work tasks, it does not matter where the accident happened. But when it comes to slip and falls, something like a breakroom might be part of your “workplace” but a company gym might not be (unless, of course, you actually work at the gym).
It is always a case-by-case issue, and the reason you were there matters a great deal as well.
Can I Sue for Dangerous Conditions at Work?
You can typically file a Workers’ Comp claim for dangerous conditions that injure you at your workplace, but whether you can sue depends on where the conditions are and who caused them.
You can sue outside third parties, so you may be able to sue someone like a client or customer for dangerous conditions at their house or office while you are there for a job. However, you may also be able to sue at your workplace if your case is against a commercial landlord or other responsible party rather than against your employer directly.
How is Fault Determined in a Workplace Accident?
Fault is not required for Workers’ Comp. This means you can file a claim if you caused your own accident, if a coworker injured you, if your employer was responsible, or if a third party was responsible.
To hold a third party liable in a lawsuit, you must show that they breached a legal duty that they owed you, and that the breach caused your injuries. When it comes to workplaces and the conditions on a premises, this often involves failing to warn about dangerous conditions, failing to clear ice/snow, or failing to keep structures in good repair.
What Evidence Do I Need for My Claim?
Every Workers’ Comp claim requires medical records, so always see a doctor and allow our workplace injury lawyers to obtain copies of your records for you. Most cases also typically involve additional reports from doctors opining that your injury is work-related, and evidence such as witness testimony linking your injury to your work.
Call Our Workers’ Comp and Workplace Injury Attorneys in Pittsburgh Today
For help with your case, call Cardamone Law’s workplace injury attorneys at (267) 651-7945.
