What if a Third Party Caused a Work Injury?
Hurt on the job in Pennsylvania? Your initial claim is a no-fault workers’ comp claim. However, if your injury was caused, at least in part, by a negligent third party, you can also sue them directly to seek additional financial compensation. Here, our Chambersburg workers’ comp lawyer explains the key things to know about third-party liability lawsuits in Pennsylvania.
Understanding Workers’ Comp in Pennsylvania
First and foremost, your initial claim after a work injury in Chambersburg, Gettysburg, or elsewhere in the region is a workers’ compensation claim. The Pennsylvania Department of Labor and Industry explains that virtually all employers must provide no-fault workers’ comp coverage to their employees.
Workers’ comp is considered to be a “grand bargain.” Workers get benefits without the burden of proving liability. In exchange, employers are protected from a lawsuit. An injured worker generally cannot sue his or her employer for a personal injury. However, they absolutely can (and should) sue any third party whose negligence contributed to the accident.
Your Guide to Third-Party Liability Work Injury Claims in Pennsylvania
A third party is a party other than your own employer whose negligence, in some manner, contributed to causing your accident. Third parties can be held liable for a work injury claim in Pennsylvania. Some common third parties that may bear fault include:
- Negligent Drivers: If you are hit by another driver while driving for work, you may sue the at-fault driver.
- Contractors/Subcontractors: On multi-contractor job sites, another company’s employee or subcontractor may be liable for your injury.
- Manufacturers: If a defective tool, machine, or safety gear causes your injury, the manufacturer may be liable under product liability law.
- Property Owners: If you are injured while working on someone else’s property due to unsafe conditions, the property owner may be liable.
Unlike workers’ comp, which does not cover pain and suffering or full lost wages, a third-party claim allows you to seek non-economic damages, full lost earnings, and possibly punitive damages. In other words, you may be entitled to additional financial compensation through a third-party work injury claim. Though it is important to remember that these are fault-based cases. You must prove the defendant’s negligence in order to impose liability.
You Can File for Workers’ Comp Even if You Have a Third-Party Liability Claim
In Pennsylvania, you can bring both a workers’ compensation claim and a third-party liability claim for the same work injury. You should always file for your workers’ comp benefits. That comes first. From there, if you have a viable third-party claim, an experienced Pennsylvania work injury lawyer can help you take action to get justice and additional financial compensation.
Contact Our Pennsylvania Third-Party Work Injury Lawsuit Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania work injury lawyers handle third-party liability cases. If your work injury was caused by a third party, we are here to help. Please do not hesitate to contact us today for a free case review. With offices in Chambersburg and Gettysburg, we provide work injury representation throughout Pennsylvania.