Find the Answers to Your Pennsylvania Workers’ Compensation and Disability Benefits Questions
Most people navigating the workers’ compensation and disability benefits application processes come to us with questions and confusion. Here, we share some of the questions that we answer most about the disability and workers’ compensation application and appeals processes. If you have a question for us, check out this page to see if we have answered this question for others!
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What does "assumption of risk" mean?
A defendant can try to prove that a plaintiff suffered injuries under an assumption of risk. This means that they should not be given as much or any compensation due to their personal negligence. It contends that a plaintiff assumed risk due to discovering the danger and disregarding it, failing to properly maintain the item that caused damage, or ignoring provided directions.
I have been accused of contributory negligence. What does that mean?
When a plaintiff is accused of contributory negligence, it means that the defendant is claiming that they contributed to their own injuries in some manner due to their own negligence.
How will negligence be determined in my case?
Negligence can manifest in many different ways depending on the type of case. It does not simply mean acting in a reckless manner, but could also include failing to act or correct a problem .
The following must exist for an act to be deemed negligent:
- Breach of duty
- Failure to provide reasonable care
- Injuries to a victim or victims
- Knowledge that the injuries would or could occur
- Additional damages
Can I receive compensation for pain and suffering?
When an individual's injuries are severe, their damages from a personal injury accident can go beyond physical pain. Pain and suffering damages can be awarded over and in addition to medical costs, property damages, and lost wages.
Will my case go to court?
While a trial can be intimidating and lengthy, the good news is that only about ¼ of all personal injury cases have to go to court. A majority of cases will be settled prior to a trial date.
What is a class action lawsuit?
If a large group of individuals, or plaintiffs, have been injured in a single event or due to the same defendant, they may decide to pursue a class action lawsuit. The entire group will name a single representative to advocate for them.
What qualifies as negligence?
Negligence is considered the failure to act reasonably or responsibly in a situation. This could include action or lack of action. When a person acts in a deliberate and obviously reckless or hazardous manner, it often leads to accidents involving negligence. This can also include making irresponsible decisions, such as failing to properly inspect equipment or products.
What is discovery and how does this affect me?
In civil cases, both parties will be allowed discovery, which lets them "discover" information involving the case. The intent behind this is to narrow the basis of the complaint and eliminate last minute evidence or court room shock for either party. This means you will need to run evidence through the opposing side as well.
Can I face a counterclaim?
If the defendant in a suit determines that they want to take legal action against you, they may file a counterclaim. This is a suit that they have against you, or the plaintiff, from the same case.
What is an injunction?
An injunction can be used in certain types of cases. These court orders can be used against defendants in order to stop them from taking certain actions, such as approaching the plaintiff. These can include temporary restraining orders.