The Pennsylvania Statute of Limitations for Personal Injury

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The Statute of Limitations on Personal Injury Claims in Pennsylvania

The-Pennsylvania-Statute-of-Limitations-for-Personal-InjuryIf you have been injured in Pennsylvania because of someone else’s wrongful act, you have a right to seek monetary compensation for your losses. But you can’t wait too long to do that—like all other states, Pennsylvania has a written law that requires that you file your lawsuit within a specific period of time. This law, known as the “statute of limitations,” serves a number of purposes. First, it ensures that your case is litigated while memories are still fresh and minimizes the risk that witnesses will move away or die, or that evidence will be lost or destroyed. In addition, it provides a benefit to the defendant, making certain that there’s an end in sight, so that the wrongdoer doesn’t have to live the rest of his or her life worrying about whether a lawsuit will be filed.

Statutes of limitation are state laws and vary from jurisdiction to jurisdiction, and even vary based on the type of legal action. The statute of limitations for a criminal offense may be significantly different from the statute for a personal injury claim or a breach of contract action. Under Pennsylvania law, the statute of limitations (the time within which you must file your lawsuit) is two years from the date of your injury. Accordingly, if you fail to file a complaint during that period, you will likely lose your right to compensation forever.

Like many other states, Pennsylvania recognizes an exception to the running of the statute of limitations, what is known as the “discovery rule.” The discovery rule says that the statute of limitations does not start to run until the injured person either knows, or should reasonably know, that he or she has a personal injury claim. For example, if you use a prescription medication, but side effects don’t show up for five years, you can argue that the statute of limitations does not start to run until you learned of the side effects.

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At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Pennsylvania House Looks at Bill to Improve Workers’ Compensation Process

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The Pennsylvania legislature is considering a bill that would revise the guidelines for determining eligibility for workers’ compensation benefits, and would, according to proponents, benefit both sides in a workers’ compensation dispute.

House Bill 1800 would bring Pennsylvania in line with the majority of states across the country, requiring that decisions in workers’ compensation disputes be based on nationally-recognized, evidence-based guidelines. Under current Pennsylvania workers’ compensation laws, an injured worker is entitled to compensation for “reasonable and necessary” medical care, and as a practical matter, companies seldom challenge what medical professionals consider to be “reasonable and necessary.”

However, when there is disagreement regarding the best treatment for a worker’s injury, the existing guidelines provide little direction, often leading to expensive and time-consuming litigation. Proponents of the new law say that it would streamline dispute resolution and, contrary to the assertions of critics, still allow for flexibility from case to case. Proponents also argue that the proposed changes would better facilitate an injured worker’s return to health.

Opponents of the bill, however, have labeled it a “wolf in sheep’s clothing.” They argue that such measures would almost exclusively benefit insurance companies and employers by associating specific types of treatment with specific types of injuries, and that the guidelines would allow little to no room for the unique aspects of every injury. They contend that the full extent of an injury is personal and cannot be measured with a statistical approach.

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At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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FMLA Claims Precluded by Workers’ Compensation, Court Says

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A federal court has held that an injured Pennsylvania worker cannot proceed with a claim under the Family and Medical Leave Act because he signed a release as part of the settlement of a workers’ compensation claim.

Craig Zuber was an employee at the Fairgrounds Farmers Market in mid-2014 when he suffered an eye injury. Zuber sought medical attention, attempted to resume his duties two days later, but experienced complications and was granted a medical leave of absence for one week. He then returned to work full-time, but was terminated approximately two weeks later for what company officials called a security breach. Zuber had filed a workers’ compensation claim with his employer, which was settled for $10,000 in April, 2015.

As a part of the settlement, Zuber agreed to “[relinquish] any and all rights to seek any and all past, present and/or future benefits, including, but not limited to, wage loss benefits, specific loss benefits, disfigurement benefits, and/or medical benefits” related to the eye injury.

Zuber alleged that the “security breach” was a false accusation and that the company had violated his rights under the FMLA by not holding his position (or a similar one) open for him while he was on approved medical leave. In response to his federal lawsuit under the FMLA, the company argued that he had waived any rights under the federal law when he signed the settlement agreement in the workers’ compensation action.

The court agreed, stating that “[Zuber’s] execution of a compromise and release agreement in relation to his Workers’ Compensation claim served as a waiver of any FMLA claims or retaliation claims.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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