Helping Injured Workers Understand Subrogation in Pennsylvania

Fierce Counsel for Victims of Work Injuries

Most Pennsylvania workers are covered by the state Workers’ Compensation Act, which provides employees with workers’ compensation benefits when they are injured at work or develop a work-related illness.

For more than 35 years, the Philadelphia workers’ compensation lawyers at Larry Pitt & Associates, P.C. have helped workers in all industries collect the benefits they need and deserve.

No-Fault System

The workers’ compensation system is no-fault, meaning that workers are generally entitled to compensation regardless of who was at fault for their accident. Therefore, employees may receive payment from their employer’s workers compensation insurance carrier without having to prove that their employer’s negligence caused their accident. In exchange, employees are prohibited from filing personal injury lawsuits against their employers.

Third-Party Claims

However, if someone other than the employer negligently or intentionally caused an employee’s injuries or illness, the employee may file a third-party injury claim against that individual or entity.

Unlike workers’ compensation claims, third-party claims allow injured workers to collect additional forms of compensation, such as pain and suffering, loss of consortium, and emotional distress.

Examples of third parties include:

  • Drivers responsible for causing a motor vehicle accident
  • Government entities
  • Manufacturers of dangerous or defective parts
  • Property owners
  • Subcontractors

Workers’ Compensation Subrogation

If an injured worker prevails in their third-party case, the employer’s workers’ compensation carrier may collect repayment for the benefits it paid out in a process called subrogation. Damages awarded to the injured employee by the workers’ compensation insurer can be partly recuperated.

There is no time limit for subrogation, therefore workers’ compensation insurance companies may attempt to recover the benefits they paid years after a claim is filed.

Because injured workers may file for compensation in both workers’ compensation and third-party claims, there is the potential for double recovery. To prevent this, workers’ compensation insurers have an absolute right to subrogation.

Immunity from Subrogation

Recently, the Pennsylvania Supreme Court ruled that medical expenses are not considered installments of compensation; therefore, workers’ compensation insurance carriers may not subrogate future medical expenses. Excess recoveries may only be used as a credit against future wage loss or disability payments, not future medical payments.

The Pennsylvania Supreme Court also granted public employers immunity from subrogation claims. As such, if your third-party suit is against a government entity such as the Southeastern Pennsylvania Transportation Authority (SEPTA) or the Pennsylvania Department of Transportation (PennDOT), you are entitled to keep the full amount of your recovery through settlement or trial.

Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Help Injured Workers Collect Maximum Compensation for Their Injuries

If you were injured by someone other than your employer, you may be able to file both a workers’ compensation claim and a third-party lawsuit. An experienced Philadelphia workers’ compensation lawyer at Larry Pitt & Associates, P.C. can help you navigate the legal system and collect the maximum benefits to which you are entitled. Call us at 888-PITT-LAW or complete our online contact form to discuss your case.

We proudly represent injured workers in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County and throughout Pennsylvania, including those in the communities of Abington, Ambler, Ardmore, Bala CynwydBensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.

Testimonials

Fantastic Result

Excellent law firm fantastic result great lawyer's that will help you with your work worker's comp case!

Brantly Stevenson

hreview
5.0
2019-07-30T17:33:00+00:00

Brantly Stevenson

Excellent law firm fantastic result great lawyer's that will help you with your work worker's comp case!

The greatest workplace injury lawyer in Pennsylvania

Larry and Phyllis, just want to personally thank you for going the extra mile to help me secure my case. Really appreciate everything you have done for me and my family. The greatest workplace injury lawyer in Pennsylvania!!

Brian Woodworth

hreview
5.0
2019-07-16T17:21:23+00:00

Brian Woodworth

Larry and Phyllis, just want to personally thank you for going the extra mile to help me secure my case. Really appreciate everything you have done for me and my family. The greatest workplace injury lawyer in Pennsylvania!!

100% Best Workman’s Comp Firm in Philadelphia area!!

I had no idea what to expect with my workman's comp case. I am very pleased with the services I have received from Larry Pitt & his associates. 100% Best Workman's Comp Firm in Philadelphia area!!

Simon Carp

hreview
5.0
2019-07-15T17:27:51+00:00

Simon Carp

I had no idea what to expect with my workman's comp case. I am very pleased with the services I have received from Larry Pitt & his associates. 100% Best Workman's Comp Firm in Philadelphia area!!

Thank You

My stars say it all! When I first injured myself, I did not know what to do. Thank you, Larry Pitt & Associates, for your help

Gloria Tucker

hreview
5.0
2019-06-18T15:29:10+00:00

Gloria Tucker

My stars say it all! When I first injured myself, I did not know what to do. Thank you, Larry Pitt & Associates, for your help

Great Lawyer

Larry is a great lawyer. Whenever I had a question or needed help, he always called back personally to answer any questions I had. I recommend Larry Pitt.

Crystal Taylor

hreview
5.0
2019-06-10T14:07:49+00:00

Crystal Taylor

Larry is a great lawyer. Whenever I had a question or needed help, he always called back personally to answer any questions I had. I recommend Larry Pitt.

Great Work

Great people are doing great work. I would recommend them.

Sherrie Andrews

hreview
5.0
2019-06-10T14:06:53+00:00

Sherrie Andrews

Great people are doing great work. I would recommend them.

Extremely Attentive

Larry Pitt was extremely attentive & reliable!

Daniel Middle

hreview
5.0
2019-06-05T18:06:45+00:00

Daniel Middle

Larry Pitt was extremely attentive & reliable!

“Fantastic Experience”

We had a fantastic experience with Mr. Pitt. The staff was helpful & friendly every step of the way for his workman's comp case.

Anna Diaz

hreview
5.0
2019-06-04T13:35:08+00:00

Anna Diaz

We had a fantastic experience with Mr. Pitt. The staff was helpful & friendly every step of the way for his workman's comp case.

“Constant Contact”

Larry Pitt & Associate's represented me to the fullest. He kept me aware of my case at all times and was in constant contact with me.

Caren Whites

hreview
5.0
2019-05-30T13:40:43+00:00

Caren Whites

Larry Pitt & Associate's represented me to the fullest. He kept me aware of my case at all times and was in constant contact with me.

“Best Worker’s Compensation Law Firm in Pennsylvania”

If you're in need of a Worker's Compensation lawyer, do not doubt that Larry Pitt and Associates is the Best Worker's Compensation Law Firm in Pennsylvania

Regina Lopez

hreview
5.0
2019-05-23T17:14:50+00:00

Regina Lopez

If you're in need of a Worker's Compensation lawyer, do not doubt that Larry Pitt and Associates is the Best Worker's Compensation Law Firm in Pennsylvania
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