In October 2013, a geologist was working in Chester County, Pennsylvania. He was overseeing tank remediation and was injured when a backhoe allegedly hit him. The impact knocked him to a 12-foot deep excavation hole.
The man allegedly suffered a wide range of injuries, including a fractured sphenoid bone and fractured skull, a concussion, a sub-arachnoid hemorrhage. He suffered from pain in his neck and left shoulder, headaches and nervous system shock.
The man has filed a lawsuit alleging that the defendant GJA Construction, Inc., didn't keep a proper lookout, didn't set up barricades to keep people out of the area the backhoe was working in and other charges.
The defendant's attorney filed a preliminary objection in the case, arguing that the man did not sign the complaint and that there is no party in Philadelphia County. In addition, the defendant's attorney also claimed that since the accident happened in Chester County, there was no connection to Philadelphia County. The defense wanted the case transferred to the Montgomery or Chester Court of Common Pleas.
Those objections were denied, although there was no reason given for the denial.
Workplace accidents can be complex and the workers' compensation system usually handles claims from such accidents. Third-party claims are usually only brought when there is an egregious action by a third-party.
An experienced workers' compensation attorney can help you appeal a claim denial and can provide information on whether you have a third-party claim against a contractor, individual or business. Understanding how these cases proceed can help you determine what options you have.
Source: The Pennsylvania Record, "Construction company's objections denied in Philadelphia court," Nicholas Malfitano, March 25, 2016