You may think you have to hit a brick wall with workers’ compensation that covers only economic damages. However, there might be a way for you to recover noneconomic damages like loss of consortium in Pennsylvania. Here is how.
When a third party causes the injury
Not all workplace injuries happen due to the sole negligence of the employer. Sometimes, a third party can also cause them. In such cases, you can pursue a personal injury claim against them, seeking recovery for both economic and noneconomic damages. If the injury has deprived your spouse of the benefits of the relationship, they may be able to file a loss of consortium claim as part of the third-party lawsuit. Because loss of consortium is a derivative claim, its success depends on whether the primary personal injury claim succeeds.
Common examples of third-party workplace injury claims
Since a loss of consortium claim in a workplace injury hinges on identifying a liable third party, it helps to understand what situations might qualify. Some of the common scenarios include:
- Defective equipment: If a machine or tool malfunctions due to a manufacturing defect, the manufacturer may be liable for the resulting injuries.
- Motor vehicle accidents: If you are injured by another driver while operating a company vehicle or traveling for work, that driver may be held liable for your injuries.
- Contractor negligence: If a separate contractor working on the same site creates a hazardous condition that causes your injury, that contractor may be liable for the resulting harm.
Keep in mind that these examples are not exhaustive. Any situation involving negligence by an outside entity could potentially qualify for a third-party claim, depending on the facts and the applicable law.
What to know before pursuing a third-party claim
For a loss of consortium claim, you may have to tackle both Pennsylvania workers’ compensation and third-party litigation, which is usually complex. With the help of a personal injury attorney, you may be able to identify all liable parties beyond your employer and find a way to seek compensation for the full impact of the injury.
