When you’re injured at work, your first thought might be workers’ compensation. But what happens when your injury stems from something a co-worker did wrong? You might wonder if you can file a third-party claim.
Understanding co-worker negligence
A third-party claim usually targets someone outside your workplace, but there are cases where a co-worker’s actions can involve another responsible party. For example, if your co-worker operates a defective machine from another company, you could have a claim against the manufacturer. The focus is on whether someone besides your employer holds legal responsibility.
If your co-worker acted outside the scope of their job or intentionally caused harm, that can also open the door for a separate claim. Intentional misconduct isn’t covered by standard workers’ comp rules, which means it doesn’t protect everyone involved.
Knowing when third-party claims apply
You can’t sue your employer or a direct co-worker in most cases under Pennsylvania law. But if someone else contributed to the situation, like a subcontractor or vendor, then third-party options exist. These cases often involve construction sites, shared workplaces, or delivery accidents.
If a co-worker’s mistake involved another company’s tools or a contractor’s faulty instructions, that outside party could share responsibility. This adds a new layer of compensation beyond what workers’ comp offers.
Understanding why this matters for compensation
Workers’ comp limits what you can recover. You might get medical bills and some lost wages, but not pain and suffering. A third-party lawsuit gives you the chance to claim broader damages. That means if someone besides your employer shares fault, you could recover more.
Looking into all sources of liability helps you understand your full range of options. Don’t assume workers’ comp is your only route.
Co-worker negligence doesn’t necessarily end with workers’ compensation. If others played a role in your injury, third-party claims can help you seek the compensation you deserve beyond basic benefits.
