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With such wintry conditions, a duty is placed upon the property owner to act within a reasonable time - after notice - to remove the snow and ice when it constitutes a dangerous condition. When his is the case, they could be held liable for all resulting damages.Īs we have just experienced, winters in Pennsylvania can bring much snow and ice – resulting in treacherous conditions in parking lots and on sidewalks.
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In many such cases, the property owner or its subcontractor may have been negligent in fulfilling the responsibility to provide a safe premises for customers or business invitees. Wet or icy floors, sidewalks or parking lots, inadequate lighting, or poor maintenance of a property can all be causes of such incidents. Accordingly, even where a worker has purchased Uninsured (UM) or Underinsured (UIM) coverage through his or her own motor vehicle insurance company, and rightfully seeks recovery under the terms of that policy, he or she must be aware of a right of subrogation on the part of the workers’ compensation carrier.Īnother example of where the possibility of recovery from multiple sources exists is when a worker is injured in a “slip and fall” incident which was caused by a negligent “third party.” It has been estimated that more than one million people are injured each year in accidents in which they slip, trip or fall. Although Pennsylvania’s Motor Vehicle Responsibility Law generally prohibits subrogation, this no longer applies to workers’ compensation matters.
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One example of where the possibility of recovery from multiple sources exists is when a worker is injured in a motor vehicle collision while in the course and scope of employment.
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Nonetheless, an injured person will always be better off having sought appropriate compensation from all potentially responsible persons and entities – if he or she has a knowledgeable attorney or law firm thoughtfully coordinating the recovery of benefits. This concept is known as “subrogation” – the legal right of an entity which has paid out benefits in connection with an injury which was caused by a negligent “third party” to be compensated, or re-paid, by that “third party” out of any resulting lawsuit. It must be noted, of course, that, if such a personal injury claim is ultimately successful, the employer or its workers’ compensation carrier may be entitled to reimbursement of a portion of the monies it has expended which are related to that injury. That person is called a “third party” - and it is sometimes possible to pursue a personal injury lawsuit against a negligent third party while simultaneously collecting workers’ compensation benefits.
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This might be the driver of a motor vehicle, or one who maintains a piece of property, or a construction contractor or subcontractor performing nearby work. However, sometimes someone or something else has done something – or failed to do something – which is a substantial factor in causing the injury. Under Pennsylvania law, injured workers may be entitled to medical treatment of an injury and reimbursement of a portion of their lost wages from their employer (or its insurance company), but they are not normally permitted to sue their employers directly for additional compensation for pain and suffering – even when the negligence of those employers is directly responsible for causing the underlying incident. When one suffers a disabling injury due to a work incident, the possibility of holding a negligent “third party” responsible should be investigated. Depending upon the surrounding circumstances, there may be multiple sources of recovery. As stated in previous articles in this series, when faced with unexpected economic harms and losses due to personal injury, it is important to explore - and understand - all legal avenues and options which may be available to seek and secure appropriate benefits and compensation.