Legal Question in Workers Comp in Pennsylvania

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For three months I have been driving my employers truck which it has been discovered that it had fumes coming through the vent system.

I have developed lung damage but am still able to work with the constant cough.

What is the average amount of one lump sum settlement for damaged lung ie difficulty brerathing use of inhaler constant cough


Asked on 4/18/11, 5:49 pm

2 Answers from Attorneys
Richard Senker Senker Law Office

Are you ABSOLUTELY certain that your lung problem is b/c of the fumes? Call me if you want to discuss.

Richard Senker 1 866 AUTOCRASH

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Answered on 4/18/11, 7:05 pm
Terence Sean McGraw Warren & McGraw, LLC

In PA, a WC lump sum settlement is generally tied to wage loss. Because you have not lost time from work, the value would range from 0 to minimal $. You might generate some $ by settling the medical benefits portion of the claim but a medical settlement should be approached cautiously. If the improper venting was due to a manufacturing defect or can be traced to negligence by an outside maintenance company other than your employer, you may be able to bring a lawsuit. Immediate consultation with a lawyer is recommended. Evidence can quickly disappear in cases like this. To discuss further, you can reach me at 610-584-9400.

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Answered on 4/19/11, 7:13 am


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