Key Takeaways:
- Workers’ comp generally prevents you from suing your employer or co-workers, but not outside parties.
- Negligent drivers, property owners, subcontractors, and equipment manufacturers may be responsible for a workplace injury.
- A third-party claim can pay for losses workers’ comp doesn’t cover, like pain and suffering.
Pennsylvania workers’ compensation laws require most employers to carry insurance for job-related injuries and illnesses. That coverage provides medical care and partial wage-loss benefits to injured employees.
Because workers’ comp is often framed as the default safety net for workplace injuries, many employees mistakenly assume the program is the “end of the line” for financial recovery. This assumption ignores how negligence and personal injury claims work, and likely stems from a few common misunderstandings.
No Win, No Fee
A workers’ comp attorney in Pennsylvania can help you understand your benefits and legal limitations regarding your employer. Segal, Berk, Gaines & Liss can help you identify other avenues for compensation.
Pennsylvania workers’ compensation laws may limit recovery from your employer and co-workers, but that doesn’t mean you can’t pursue damages from other people or entities outside of the company. Call us and talk to a partner about your accident and injuries at no upfront cost. Our no win, no fee policy means we don’t charge you unless you win.
Why Isn’t Workers’ Comp the Whole Story?
Workers’ compensation and a personal injury settlement aren’t the same. Under Section 303 (77 P.S. § 481(a)) of the Pennsylvania Workers’ Compensation Act, workers’ compensation acts as an exclusive administrative remedy. This means employees are generally barred from filing standard personal injury negligence lawsuits against their own employer. Section 205 (77 P.S. § 72) extends similar protections to co-workers.
Human resources departments and insurance adjusters may remind injured staff that they cannot sue the company. Workers may take that to mean they can’t sue anyone at all.
Pennsylvania workers’ compensation laws establish a no-fault system, which is beneficial to employees. An injured worker doesn’t need to prove an employer did something wrong to secure medical coverage and partial wages; they only need to show the injury occurred in the course of their employment. It’s a simplified approach that results in more predictable coverage for employees, but it also means giving up the right to pursue non-economic damages (pain and suffering, emotional distress, or loss of enjoyment) against their employer.
Even employees who work with a workers’ comp attorney in Pennsylvania often stop when the immediate financial panic over paying medical bills or replacing missed paychecks resolves with the approval of a workers’ comp claim. The stability the workers’ comp program offers can lead workers to overlook the root cause of an accident, but that’s a common mistake.
By focusing only on Pennsylvania workers’ compensation laws and your employer, you may leave other sources of compensation on the table. An outside third party doesn’t have the same protections as your employer or co-workers.
When Can a Third Party Be Held Responsible?
Because workers’ compensation and a personal injury settlement are two different things, it’s possible to secure workers’ comp payments and sue a third party for damages. A third-party liability claim depends on pinpointing the negligent party outside of your employer’s umbrella.
Negligent Drivers
Motor vehicle accidents are a common source of third-party workplace claims in Pennsylvania. For example, if you’re making a delivery for your employer and get hit by a private motorist, the at-fault motorist’s liability policy is a potential avenue for recovery. Your comp claim covers the work-related injury, while a claim against the other driver focuses on their negligence.
Property Owners
Workers’ compensation laws in Pennsylvania may protect your employer from lawsuits, but as any workers’ comp attorney in the state can explain, that protection doesn’t extend to property owners. If your job requires you to perform your duties on a leased property, a client’s property, or a shared corporate worksite, the property’s owner or manager may owe you a duty of care. Failing to maintain safe conditions can expose them to a liability claim.
Outside Contractors or Subcontractors
Multi-employer environments like construction sites often have workers from several different companies operating in close quarters. Depending on how the job site is structured, a separate subcontractor that fails to follow safety protocols, resulting in your injury, may be held financially responsible. Because you’re not their employee and they are separate from your employer, they generally aren’t afforded the same protections.
Equipment Manufacturers
Pennsylvania’s workers’ compensation laws don’t shield equipment manufacturers. A tool, factory machine, forklift, or piece of safety equipment that malfunctions because of a design flaw, manufacturing defect, or inadequate warnings may make the manufacturer liable. Filing a product liability claim generally doesn’t affect your eligibility for workers’ comp, though the two claims will need to be coordinated.
How Do Workers’ Compensation and Personal Injury Settlements Interact?
Filing a third-party claim doesn’t mean giving up your workers’ compensation benefits, but the two claims are connected. Under Section 319 (77 P.S. § 671), Pennsylvania’s workers’ compensation laws give your employer or its insurer the right to be repaid from a third-party recovery for the comp benefits it has already paid. This is known as a subrogation lien.
Attorney’s fees and costs are split proportionally between you and the insurer. Any money left over after the lien is repaid goes to you, although the insurer may be able to treat it as an advance against future comp payments. Because a workers’ compensation and personal injury settlement can affect each other this way, your attorney will need to account for the comp lien when negotiating your third-party claim.
Who Should You Talk to After a Workplace Injury?
Pennsylvania workers’ compensation laws cover a lot, but they don’t account for every loss after a serious workplace injury. A workers’ comp attorney in the state can help with your benefits through your employer; Segal, Berk, Gaines & Liss looks at the parties outside of your company. A partner will review how your accident happened and whether someone else shares responsibility. Contact us today to schedule a free consultation at your home, over a video call, or in our office.
About Derek Liss, Esq.
Derek Liss, Esq., is a partner at Segal, Berk, Gaines & Liss, specializing in personal injury law.
Derek earned his Bachelor of Arts in Political Science from The George Washington University in 1991 and his Juris Doctor from Widener School of Law in 1994. He joined Segal, Berk, Gaines & Liss immediately after law school and brings 30 years of legal experience to his clients.
A member of the Philadelphia Bar Association, he practices throughout the greater Philadelphia region and is admitted to practice in the courts of Pennsylvania and the U.S. District Court for the Eastern District of Pennsylvania.
