Q: A previously declared broken chair failed for me at work, I injured my SI, spine & head, can I proceed with negligence?
My first concern is recovering from the caused injures depicted by CT scans (I landed on a protruding baseboard heater), yet how long do I have to later proceed (in PA) with possible negligence since the chair was previously informed to be broken, but it had not been replaced for months (it was removed the day I got hurt while the ambulance came for me)? W.C. has a claim for me, yet I have not been informed when I'll get my W.C. pay while out of work. How long must I wait for getting W.C. payments in PA?
Attorneys Scoblionko, Munsing, and Belt your responses are much appreciated. Using your information, I can confirm that the chair having been broken for months without being replaced by my employer (or the client [since we are subcontracted]) had been very old, meaning the chair manufacturer could have no liability. However, I am surprised that a PA employer can get away with having an employee use a badly broken chair without any liability beyond workman's compensation.
A:
Since this was a work-related injury, you are limited by law, with one possible exception, to a workers' compensation claim and have no right to sue the employer for negligence. The possible exception is if the "broken chair" had a design or manufacturing defect that led to the first break as well as the second break. You would need to promptly consult with a lawyer about this so that the lawyer could arrange for an examination of the chair by an engineer and preservation of the chair. Without further facts and a detailed examination of the chair, it is impossible to know if you have a meritorious case.
As far as timing for your receipt of compensation payments, you would need to check with the representative of your employer who is handling the claim.
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A: Consult a member of the Pa. Assn for Justice who handles product cases as well as workers comp. There is a recent case that holds that unless you can show a manufacturing defect caused the problem, and that it was different from whatever caused the first issue, there isn't a case. Secure the chair as it's your evidence, see what the lawyer says.As it was previously declared broken, the manufacturer may well say that it's on your employer for leaving it there. Also may depend a bit on age of the chair. A chair used well past itk's lifetime may be considered to not be defective using a consumer expectaions test. Pennsylvania is reformulating the details on its product responsibility laws so you really want to talk to a PAAJ member.
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A: You should receive your first wage loss check within 21 days of your last day worked. If you have not received a check within the 21 day period, you may want to consider contacting an attorney.
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A:
In order to be eligible for Wage Loss benefits, one must be out of work for 7 days, or more. If you are out of work for more than 14 days, your entitlement to Workers Compensation Benefits would be retroactive to day one. As noted, previously, the Workers Compensation Carrier as 21 days with which to either accept and/or deny your entitlement to Workers Compensation Benefits. In other words, they must issue either a Notice of Compensation Payable, Notice of Temporary Compensation Payable or a Notice of Workers Compensation Denial within 21 days of your injury.
The difference between the regular Notice of Compensation Payable and/or Notice of Temporary Compensation Payable is that the latter document may be "stopped" for any reason within 90 days. If "Stopped" it would be as if your Claim was never accepted and you would need to file a Claim Petition to reinstate your entitlement to Workers Compensation Benefits, if not eligible to return to work at or before the time the Notice is "Stopped."
Regardless of whether, or not, you begin receiving Workers Compensation Benefits within 21 days of your work-related injury, it is still my recommendation that you contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for a Free Consultation to discuss your rights and remedies. During the course of said consultation, you can discuss the circumstances regarding the chair that caused your injuries to determine whether, or not, it would be prudent to discuss your case with a Attorney who specializes in Products Liability.
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