When you get hurt on the job, workers’ comp is supposed to take care of you. But it was never built to make you whole. It pays part of your paycheck and your medical bills, and that is where it stops. If someone other than your employer caused your injury, you may be able to go after them for everything workers’ comp leaves out. That is the kind of case Philly Injury Lawyer is built for. We handle your workers’ comp benefits and your injury lawsuit together, under one roof, so nothing falls through the cracks and you get every dollar the law allows.
Two Claims Can Be Better Than One
Most injured workers only ever file a workers’ comp claim. That makes sense, because in most cases you can’t sue your own employer. But many work injuries are caused by someone else entirely, and those people and companies don’t get the same protection your employer does.
A third-party claim is a regular injury lawsuit against anyone, other than your employer or a co-worker, whose carelessness caused your injury. You keep your workers’ comp benefits while that case moves forward.
Who Can Be a Third Party?
Here are the situations we see most often in Philadelphia:
- A driver who hit you while you were working. Delivery drivers, sales reps, home health aides, utility crews and anyone else who drives for work. See our page on company vehicle accidents.
- A general contractor or another subcontractor on a construction site who left an unsafe condition, removed a guardrail or failed to coordinate the work. See construction worker injuries.
- The maker of a defective machine, tool or vehicle, such as a forklift with failed brakes, a saw with a missing guard or a ladder that buckled. See defective products.
- A property owner or manager where you were sent to work, such as a delivery stop, a client’s building or a job site with a broken stair or an icy walkway.
- A security company or business that failed to protect you from an assault while you were on the job.
What a Third-Party Claim Can Pay That Workers’ Comp Won’t
Workers’ comp pays medical bills and about two-thirds of your lost wages. A third-party claim can add:
- Pain and suffering, which workers’ comp never pays
- Your full lost wages, not just a percentage
- Loss of future earning power if you can’t go back to the same kind of work
- Scarring, disfigurement and loss of enjoyment of life
- Your spouse’s claim for how the injury has changed your life together
How the Two Claims Work Together
When you win or settle a third-party case, the workers’ comp insurance company usually has a right to be paid back for some of what it already paid you. This is called a lien. That surprises a lot of people, and it is one of the main reasons you want both claims handled by the same team.
The good news is that the insurer has to share in the cost of getting that money. Its lien is reduced by its fair share of the attorney fees and costs. And any money left over can act as a credit against future comp payments, so the order and timing of each step matters.
We plan both cases together from day one. That means protecting the evidence for the lawsuit while keeping your comp checks coming, negotiating the lien down, and making sure a settlement in one case doesn’t quietly hurt you in the other.
What to Do Right Now
- Report your injury to your employer in writing and keep a copy.
- Write down who else was involved: the other driver, the contractor on site, the brand and model of the machine.
- Take photos of the scene, the equipment and your injuries if you can.
- Don’t give a recorded statement to any insurance company before you talk to us.
- Don’t let anyone repair, throw away or “fix” the equipment that hurt you.
Talk to Us About Both Claims
You don’t have to figure out who is responsible. That’s our job. Call (215) 735-4800 for a free consultation. We look at every work injury for a possible third-party claim, and you pay nothing unless we win. We Win or It’s Free®.
Frequently Asked Questions
Can I sue my employer for a work injury in Pennsylvania?
Usually not. Workers’ comp is generally the only remedy against your own employer, even if the employer was careless. But you can often sue someone else who caused the injury, such as a driver, contractor, property owner or equipment maker.
Will a third-party lawsuit stop my workers’ comp checks?
No. You can keep receiving workers’ comp while your third-party case moves forward. When the third-party case pays out, the comp insurer may be paid back part of what it spent, and future comp payments can be affected, which is why both claims should be planned together.
Can I sue a co-worker who caused my injury?
In most cases, no. Pennsylvania generally protects co-workers the same way it protects your employer. The exception is when the co-worker hurt you on purpose.
How long do I have to file a third-party claim?
Most injury lawsuits in Pennsylvania must be filed within two years. Claims against a government agency, such as SEPTA or the City, can require written notice within six months. Use our injury claim deadline calculator and call us early.
Pennsylvania Law in Plain English
Pennsylvania’s Workers’ Compensation Act trades away your right to sue your employer in exchange for no-fault benefits. That trade doesn’t apply to anyone else. If a separate person or company caused your injury, you can bring a normal injury claim against them, and the workers’ comp insurer gets a right to be repaid from that recovery, minus its share of the legal fees.
