I am very sorry to hear about the injury that you recently sustained at work. You certainly should be eligible for Workers Compensation Benefits if the injury that you sustained has resulted in your need for medical treatment and further, has caused you to either be out of work, and/or you are suffering a wage loss. With respect to filing a civil lawsuit against the "maintenance person" it will depend upon whether or not the maintenance person was a co-employee or not. Please note that in Pennsylvania your employer and any co-employees are protected from third-party lawsuits as result of the enactment of the Pennsylvania Workers Compensation Act, as amended. If the "maintenance person" was not a co-employee you may have a cause of action if one can show that his actions rose to the level of negligence and said negligence was the proximate cause of your injuries. It is highly recommended that you contact an Attorney who is experienced in handling Pennsylvania Workers Compensation Claims at which time you can discuss your rights with respect to your entitlement to Workers Compensation, and further, whether or not you would have a viable cause of action against the "maintenance person." Please note that most attorneys who handle Workers Compensation Claims will not charge for an initial consultation and will accept your claim on a Contingent Fee basis.
Answered on May 03rd, 2013 at 4:08 AM