A Homer City Generating Station employee was severely injured when his arm became stuck in a 13,000-pound coal-crushing roller in Indiana County. The first responders on site wasted no time coming to his rescue. The employee was taken to Conemaugh Hospital in Johnstown. Whether the injury was due to equipment failure is unknown. If it was due to defected equipment, the injured party may be able to file a personal injury claim.
Injuries on the job are extremely common. According to the National Institute for Occupational Safety and Health (NIOSH), more than 230,000 injuries due to equipment were severe enough to require time away from work. Personal injury claims are usually filed as a result of someone else’s negligence. Personal injury claims may be resolved through a formal lawsuit or an informal settlement.
A formal lawsuit is initiated by the plaintiff when they file a civil complaint against someone they allege acted carelessly regarding their accident. An informal settlement is usually a negotiation and a written agreement that assures both parties will not take any further action against each other. Instead, an agreed upon amount of money is payed to the injured party.
The statute of limitations puts a time limit on when a plaintiff can file a lawsuit. This time limit varies from state to state. Pennsylvania requires the plaintiff to file suit two years from the date of the injury. Once the statute of limitations expires, a person can no longer file a claim.
Filing a complaint gives the defendant and the court notice that you are filing a lawsuit for compensation of your injuries. After the defendant is informed of the complaint, they must answer within 20 days.
The discovery process consists of obtaining information about the case. This requires both parties’ attorneys gathering evidence, speaking to witnesses and questioning the people involved in the accident, and investigating the claim. If a settlement cannot be reached, the claim will be taken to trial where the court will decide whether the defendant is at fault and how much they should pay for the plaintiff’s injuries. If the court decides that the defendant is not at fault, they will dismiss the case.
Filing a personal injury claim for an injury sustained on the job can be a complex process, but the Pittsburgh Workers’ Compensation lawyers at AlpernSchubert P.C. are here to help you through it. Our experienced lawyers will fight to obtain compensation for your injuries. For a free consultation, contact us online or call us at 412-765-1888 today. Located in Pittsburgh, we proudly represent clients throughout western Pennsylvania, including Allegheny County, Lawrence County, and Washington County.