After a workplace injury, you may understandably wonder whether you can receive workers’ compensation benefits while also suing a third party. The answer, in many cases, is yes.
Pennsylvania law allows an injured worker to file for workers’ compensation and pursue a third-party personal injury claim at the same time. Knowing when a third-party claim is viable will help you get all of the compensation owed to you after an accident.
What is the difference between workers’ compensation and third-party claims?
Workers’ compensation provides medical care and wage replacement when someone suffers an injury on the job. This system does not require proof of fault. However, it also limits what the worker can receive. Pain, suffering and other “non-economic damages” are not covered. That is where third-party claims can make a difference.
A third-party claim becomes an option when someone other than the employer or a coworker caused the injury. For example, if a delivery driver gets hit by another driver while on the job, that outside driver may become the target of a third-party claim.
What happens when you pursue both claims?
By filing both types of claims, you can seek full compensation for all of your damages. Workers’ compensation handles immediate needs like medical bills and partial lost wages. The third-party claim can include damages for pain, emotional distress and the rest of your lost wages.
There are rules to follow when proceeding with both claims, though. If the third-party claim results in a settlement or verdict, you may need to repay some of the workers’ compensation benefits. This is a process known as subrogation. This process aims to promote fairness by preventing double recovery for the same losses.
Filing both claims takes careful timing and strong evidence. It can also lead to a better financial recovery than workers’ compensation alone. Anyone injured by someone other than their employer should take time to understand whether a third-party claim could help.
