When Can You File a Third-Party Personal Injury Claim?
April 2, 2019
You may be familiar with the concept of workers’ compensation claims. Yet when you suffer an injury at work, you may be unsure of how to go about recovering the benefits you need. Your injury may leave many things uncertain, including your ability to continue completing your regular job duties or providing for your family.
Fortunately, most Pennsylvania employers provide employees with access to workers’ compensation benefits after a workplace injury. Workers’ comp provide critical compensation, health care benefits and more while you recover. However, in some cases, you may be able to pursue both a workers’ comp claim and a third-party personal injury claim.
The Limitations of Workers’ Comp Claims
By applying for and receiving workers’ comp benefits, you waive your ability to sue your employer for your injuries. This applies even if your condition worsens or leaves you unable to continue on in your profession. Workers’ comp claims also prohibit families of an injured worker from suing if the worker dies of the injuries.
When Pursuing a Third-Party Personal Injury Claim Is Possible
While you generally cannot sue your employer, you may have other options when your injury occurred at work but the actions of a third party contributed to it. Examples of this can include:
An employee driving a company car on the job hit by another driver
A worker on a construction site injured by the negligent conduct of a property owner or contractor
A factory worker injured at work by a defective product or faulty equipment
An employee injured from a slip-and-fall accident in the parking lot due to negligent or hazardous conditions
In such examples, you could potentially file a third-party personal injury claim against another driver, a manufacturer, the building owner or more.
Why File a Third-Party Personal Injury Claim?
You may question the necessity of pursuing a personal injury claim. Workers’ comp can provide employees with key benefits during their recovery period, yet these benefits may be less than your regular paycheck. Additionally, they do not typically compensate for your pain and suffering.
When a third party caused your injuries, pursuing a third-party personal injury claim can give you access to the fair amount of compensation that you deserve. An attorney can help you to identify your options and advise on how to proceed.