Work Injuries Caused by the Negligence of Third Parties
Injured Victims Deserve Maximum Compensation
Employees who are injured in the workplace are generally entitled to collect workers’ compensation benefits under the Pennsylvania Workers’ Compensation Act. However, if someone other than your employer caused your work-related injuries (a third party), you may file a separate personal injury claim against that person or entity in addition to seeking workers’ compensation.
Workers’ Compensation vs. Third-Party Claims
The workers’ compensation system is no-fault, meaning that you do not have to prove that your employer’s negligence caused your injuries. You can recover the cost of reasonable and necessary medical expenses associated with your injury, and a portion of your lost wages regardless of who was at fault for the accident.
However, to prevail on a third-party claim, you must prove that the third party either negligently or intentionally caused your injury. In a personal injury claim, you may be able to recover additional compensation for pain and suffering, emotional distress, loss of companionship, and other damages caused by your work-related injury.
Typically, you may pursue both a workers’ compensation claim and a third-party claim. For workers’ compensation, you must notify your employer within 120 days of your injury and file a claim within three years from the date of your injury, according to the Pennsylvania Workers’ Compensation Act. In Pennsylvania, the statute of limitations for personal injury third-party claims is typically two years. Proceeds from a successful third-party claim are typically subject to subrogation. Your workers’ compensation lawyer will advise you on your rights to ensure you receive fair compensation.
Negligent Third Parties
There are many different situations that may give rise to a third-party claim. The following are a few examples of negligent third parties:
Driver: If you drive for work and are injured in a car accident, you may be able to recover compensation from both your employer’s workers’ compensation insurance and the driver who caused the crash.
Manufacturer of equipment: Equipment manufacturers are supposed to ensure the safety of their products. If you are injured by a defective product, one that failed to work properly or one that was inherently dangerous, you may be able to sue the manufacturer in a products liability case.
Manufacturer of toxic substance: If you become ill from exposure to a toxic substance, such as asbestos or silica, you may be able to sue the manufacturer of the toxic substance, or the manufacturer of the inadequate safety equipment you used while working with the toxic substance in a toxic tort case.
Government entity: If a public utility provider fails to maintain or properly warn about gas or electrical lines, you may be entitled to damages in a third-party claim.
Construction site manager: If you are injured in a construction accident, someone other than your employer may be responsible for your injuries, such as contractors, subcontractors, vendors, or suppliers.
Property owner: If you are working on someone else’s property and they negligently or intentionally cause you injury, you may be able to recover compensation in a premises liability case.
Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Help Injured Workers Recover Third-Party Compensation
If you were injured in a workplace accident or you developed a work-related illness because of someone other than your employer, contact an experienced Philadelphia workers’ compensation lawyer at Larry Pitt & Associates, P.C. We can help you obtain the workers’ compensation benefits you deserve and hold any responsible third parties accountable for your damages. To discuss your case, all us at 888-PITT-LAW or complete our online contact form.
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 Cynwyd, Bensalem, 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.