Hurt at Work in a Truck Crash? PA Workers' Comp + Third-Party Lawsuit Explained | Ep. 25
McMenamin & Wing | PA's Work Injury Lawyers
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Hurt at Work in a Truck Crash? PA Workers' Comp + Third-Party Lawsuit Explained | Ep. 25
70 просмотров · 5 дней назад
McMenamin & Wing | PA's Work Injury Lawyers
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70 просмотров · 5 дней назад
Hurt at work in a truck crash in Pennsylvania? Your PA workers' comp claim may not be the only claim you have — and who you hire for each one matters.
On this episode of The McMenamin & Wing Show on WWDB Talk 860, host Joe Dougherty is joined by co-host Tom Wing, Managing Partner at McMenamin & Wing, and guest Rich Godshall, owner and managing partner of OG Law. The first half is about the clients behind the cases: why communication matters, how union and non-union workers face different stakes, and how insurance companies use preexisting conditions against injured workers. The second half breaks down trucking accidents: how a Pennsylvania workers' compensation claim and a third-party lawsuit work side by side, why truck data and fast evidence preservation can make or break a case, and why the federal insurance minimum for tractor-trailers hasn't changed since 1980.
In this episode:
Afraid of getting fired? Why you should report a work injury right away (the 21-day and 120-day rules)
Why a preexisting condition doesn't bar a claim, and how insurers "manufacture" credibility problems
How workers' comp and a third-party lawsuit work together after a catastrophic work injury
Paying the bills during a case: litigation funding, short-term disability, and uninsured employer (UEGF) claims
Truck crash cases: "following the money" through five buckets of responsible parties, and why sensor data matters
Why a lawyer who mostly handles car accidents may not be the right fit for a trucking case
"Absent the most catastrophic event, time helps the defense." — Rich Godshall
Quick answers:
Q: How long do I have to report a work injury in Pennsylvania?
A: Report within 21 days to get benefits back to your date of injury. Wait more than 120 days without giving notice and you can lose the claim. You generally have three years to file a Claim Petition.
Q: Can I get workers' comp and also sue after a truck accident at work?
A: Often, yes. If someone other than your employer caused the crash, a third-party lawsuit can proceed alongside your PA workers' comp claim.
Q: Does a preexisting condition stop a workers' comp claim?
A: No. Aggravation of a preexisting condition comes up in almost every case, as Tom Wing explains.
Chapters:
00:00 - Workers' Comp Meets Personal Injury: Guest Rich Godshall
01:13 - Client Communication: Why Your Lawyer Should Pick Up
02:39 - Union vs. Non-Union Workers: Protecting Your Job
06:29 - The First Meeting After a Catastrophic Injury
10:14 - Sole Breadwinner in a Hospital Bed: Litigation Funding
13:25 - Uninsured Employers and the UEGF
15:00 - When Six Weeks Out of Work Is Catastrophic
18:19 - Preexisting and Underlying Conditions
21:56 - A Trial Is a Story
24:04 - Insurance Tactics: "Preexisting" and Credibility Attacks
24:50 - Cultural Differences and Earning Trust
31:36 - Afraid of Getting Fired? Report the Injury
32:48 - Career-Ending Injuries and Finding Another Job
34:17 - Trucking Accidents: Where Your Case Gets Filed
37:55 - Following the Money: The 5 Buckets in a Truck Case
41:25 - Truck Sensor Data That Won a Workers' Comp Case
45:08 - Preserve the Evidence: Why Speed Matters
46:27 - Inside a Truck Case: 72 MPH, Cruise Control, No Brakes
49:00 - Amputations and Machines: The Missed Third-Party Claim
50:03 - Full Tort and the $750,000 Truck Insurance Minimum
52:51 - Pennsylvania's $15,000 Auto Minimums
53:35 - How to Reach Tom Wing and Rich Godshall
Hurt at work in Pennsylvania? McMenamin & Wing represent injured workers across PA — and you pay no fee unless we win. Get a FREE case evaluation, 24/7.
📞 Call 215-609-4183
🌐 https://workerscompadvocates.com/cont...
How to report a PA work injury (step-by-step): https://workerscompadvocates.com/repo...
Common workers' comp questions: https://workerscompadvocates.com/comm...
Website: https://workerscompadvocates.com
Guest: Rich Godshall, OG Law — https://oglaw.com
Connect with McMenamin & Wing:
YouTube: / @mcmenaminwingpasworkinjury7094
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