In Pennsylvania, when an employee is injured on the job, they can file a Workers’ Compensation claim and receive benefits for medical costs, a portion of their income, and possibly more. Workers’ Compensation laws strictly prohibit lawsuits against your employer for work-related injuries, but injured employees may still be able to sue others.
While you may be barred from suing your employer and, by extension, other employees, you may still sue third parties while you receive Workers’ Compensation benefits. These third parties may include anyone you believe is responsible for the accident but is not your employer or someone who works for them. For example, if you were injured because of faulty tools you use as part of your job, the manufacturer of the tools may be a negligent third party you can sue. If you are not an employee but an independent contractor, you are not barred from suing the person or company that hired you.
Ask our Philadelphia personal injury lawyers for a free, confidential legal assessment when you call The Reiff Law Firm at (215) 709-6940.
Can You Sue for a Workplace Accident if Receiving Workers’ Compensation?
While you may not be able to sue your employer for work-related injuries, you may sue others. Speak to an attorney about your situation if your Workers’ Compensation benefits do not cover all your damages.
Who You Can Sue
Again, suing your employer for work-related injuries is prohibited under Workers’ Compensation laws. However, the law does not stop you from suing third parties.
A third party may be a person or entity who is not within the employer-employee relationship and is at least partially responsible for your accident. Common examples include companies that manufacture defective tools or machinery, and customers or clients who cause injuries.
Can You Sue if You’re Already on Workers’ Comp?
You may sue third parties even if you are already collecting Workers’ Compensation benefits. Since these parties are not your employer and exist outside the employee-employer relationship, you are not barred from suing them for a work-related accident if you believe they bear direct responsibility.
Who You Cannot Sue
You generally cannot sue your employer or coworkers for work-related accidents. Often, if an injured employee is eligible for Workers’ Compensation, it is the exclusive legal remedy for getting damages from an employer for work-related injury, and employees cannot sue their bosses.
However, if your employer does not carry the insurance necessary to provide benefits, you may file a claim with the Uninsured Employers Guaranty Fund (UEGF)to get compensation.
Another option is to file a Workers’ Compensation claim with the top-level contractor or principal employer you were working under when you were injured. This may be permissible under the Statutory Employer Doctrine, but Workers’ Compensation is not a practice area we deal in. Instead, our Pennsylvania work injury lawyers focus on injury lawsuits against whichever parties we can sue.
When You May Sue
If you plan to file a personal injury lawsuit against third parties, you must do so within the legally proscribed limitation period. In Pennsylvania, personal injury plaintiffs must file lawsuits within 2 years of the date they are injured.
This includes the time it takes for an injured employee to file for Workers’ Compensation benefits. As such, it is crucial that you speak to an attorney about your lawsuit as soon as possible.
How Do Workers’ Compensation Benefits Affect Damages in a Lawsuit?
If you are already receiving Workers’ Compensation benefits, you may still sue third parties, but your benefits may affect your damages.
Damages Covered by Workers’ Compensation
Your Workers’ Comp benefits may already cover some of your damages. For example, your medical bills and a portion of your lost earnings may be covered by these benefits. In that case, you should not be compensated for them again in a lawsuit. Double recovery is prohibited.
In your lawsuit, you may claim the full extent of your damages even if they have already been compensated through Workers’ Compensation. If you win, your employer’s insurer may file a subrogation claim to get back the funds it already paid you; you are entitled to any additional recovery.
Pain and Suffering
Workers’ Comp usually does not cover various non-economic damages associated with personal injuries. For example, you cannot receive benefits for pain and suffering. However, if you sue a third party for the accident, you may claim these damages.
This may be important for plaintiffs whose injuries are especially severe and painful. It may also be crucial for those facing long-term medical complications that take a significant toll on their mental health and quality of life.
Subrogation
If you recover damages from a lawsuit against third parties that have already been compensated through Workers’ Compensation, you may face a subrogation claim. Insurance companies may file these claims if they pay compensation to victims only for the damages they covered to be covered again in a lawsuit.
For example, if you recover damages for the entirety of your lost wages in a lawsuit against a third party, your employer’s insurer may file a subrogation claim. If the insurer has already compensated a portion of your lost income through Workers’ Compensation, those amounts must be repaid to the insurance company since you have been compensated again through a lawsuit. Remember, double recovery is not allowed.
FAQs About Suing for Injuries While on Workers’ Compensation in Pennsylvania
Can You Sue for Injuries if I am on Workers’ Comp in Pennsylvania?
Maybe. Workers’ Compensation is considered the sole legal remedy for recovering against your employer for an accidental injury, and you cannot sue them or other employees for work-related accidents. However, this law does not cover third parties, like negligent manufacturers of faulty equipment, and you may sue them as long as they are at fault for the accident and you did not somehow cause the accident yourself.
Who Can You Sue After a Workplace Accident?
You may sue various third parties who had something to do with your accident. This may include, but is not limited to…
- Manufacturers of defective tools
- Manufacturers of defective safety gear
- Violent or negligent customers or clients,
- Trespassers in your workplace
- Roadside construction crews
- Drivers
How Do You Claim Damages in a Lawsuit While Also Receiving Workers’ Comp?
You may claim damages in a lawsuit while also receiving Workers’ Compensation benefits only if you sue third parties. This means you may only sue those responsible for the accident who are outside the employer-employee relationship.
Will Workers’ Compensation Benefits Reduce the Damages in a Lawsuit?
Workers’ Comp benefits do not reduce the damages you claim in a lawsuit, but you may not recover the same damages twice. If your medical costs and some lost income are already compensated through Workers’ Comp, you may not recover these amounts again in a lawsuit without facing a subrogation claim from the insurance company.
When Should You File an Injury Lawsuit After a Workplace Accident?
If you file a personal injury lawsuit in Pennsylvania, you have only 2 years from the date of your accident to file the case in court. This includes the time it takes to file for Workers’ Compensation, so you should contact a lawyer for help right away.
Ask Our Pennsylvania Workplace Injury Attorneys for Legal Support
Ask our Philadelphia work injury lawyers for a free, confidential legal assessment when you call The Reiff Law Firm at (215) 709-6940.
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