Can I File A Third-Party Claim After A Work Injury?
A third-party liability claim after a workplace accident occurs when an employee seeks compensation from someone other than their employer or co-worker for damages suffered due to an injury on the job. Unlike workers’ compensation claims, which are generally limited to medical expenses and a portion of lost wages, third-party claims allow for the recovery of full lost wages, pain and suffering, emotional distress, and other damages for a third party’s negligence. These third-party claims can be filed against various entities, including contractors, equipment manufacturers, or property owners, whose negligence or other wrongful acts contributed to the worker’s injuries.
By pursuing a third-party claim against negligent third parties, injured workers may obtain additional compensation that more fully addresses the scope of their losses and suffering. Contact the experienced personal injury lawyers at PhillyLaw to get a free consultation from a workers’ compensation lawyer to learn how to seek full and fair compensation for your workplace injury.
How to Have a Successful Third-Party Claim
Succeeding in third-party claims necessitates a strategic approach, beginning with the prompt collection of evidence. Documentation of the accident scene, eyewitness accounts, and expert testimonials play crucial roles. It is equally important to seek immediate medical attention, not only for your health but also to establish a clear link between the accident and your injuries.
Engaging a knowledgeable workers’ compensation attorney at PhillyLaw who has experience in third-party workplace injury claims in Pennsylvania is next. These personal injury lawyers can navigate the complex legal landscape, ensuring that your claim addresses all recoverable damages. Timeliness is key; be aware of and adhere to Pennsylvania’s statute of limitations for filing third-party lawsuits. The thoroughness of your preparation, combined with expert legal representation, significantly increases your potential for a favorable outcome and additional compensation in a third-party claim.
Can You Have a Workers’ Compensation Claim and a Third-Party Claim at the Same Time in Pennsylvania?
Yes, an injured worker can pursue both a workers’ compensation claim and a third-party personal injury lawsuit concurrently. This dual approach under Pennsylvania personal injury law enables employees who have suffered workplace injuries to receive immediate financial support through the workers’ compensation system while also seeking full compensation from any third party whose negligence may have contributed to their injury.
Workers’ compensation laws provide benefits for medical bills and a portion of lost wages without the need to establish fault. However, these benefits do not cover non-economic damages like pain and suffering or emotional distress. Meanwhile, a third-party claim allows you to recover compensation for a broader range of damages, including full lost wages, pain and suffering, and other non-economic damages.
The law in Pennsylvania allows for a worker to navigate both workers’ compensation claims as well as third-party claims when the injury occurs at a workplace, but there are specific legal nuances that must be addressed, especially concerning potential offsets and reimbursements between workers’ comp benefits and third-party liability claims. Engaging an experienced attorney knowledgeable in workers’ comp and personal injury cases at the PhillyLaw law firm will ensure that your claims are handled effectively and will maximize the compensation received.
Pennsylvania Workers’ Compensation Benefits
In Pennsylvania, workers’ compensation benefits are designed to provide support and financial assistance to employees who have suffered injuries or illnesses as a direct result of their jobs. These benefits cover a range of needs to help the injured worker seek compensation during their recovery period. Key elements include medical expenses for treatment related to the work injury, wage loss benefits for those who are either temporarily unable to work or have been permanently disabled, and death benefits for the dependents of a worker who dies as a result of their job. Additionally, specific workers comp loss benefits may be awarded for the loss, or loss of use, of certain body parts or functions. Each of these components is aimed at easing the financial and emotional burden on injured workers and their families, ensuring they receive the essential support needed for recovery and rehabilitation.
Pennsylvania Workers’ Compensation Act
Enacted to protect both employees and employers within the Commonwealth of Pennsylvania, the Pennsylvania Workers’ Compensation Act mandates that employers provide workers’ compensation insurance for all of their employees. This insurance coverage offers benefits for an injured employee including medical expenses, loss of wages due to temporary or permanent disability, and death benefits for the dependents of workers who have died as a result of their job. Furthermore, the Act operates under a no-fault system, meaning that employees are eligible to receive benefits regardless of who was at fault for the injury or illness. This system simplifies the process of obtaining support, allowing workers to focus on recovery without the need for litigation to prove negligence.
PhillyLaw is Committed to Helping Injured Workers Seek Full Recovery
At PhillyLaw, we recognize that dealing with a work-related injury can be overwhelming and challenging, not only physically but also when navigating the complexities of claims and legal proceedings. Our team of experienced lawyers is dedicated to supporting individuals who have been injured in workplace accidents. Whether your case involves straightforward workers’ compensation benefits or requires the pursuit of a third-party case for more comprehensive compensation, PhillyLaw is equipped to prove fault and help you recover from the parties accountable. Contact PhillyLaw today for a free consultation.