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Certified Workers’ Compensation Specialist*
AS AUTHORIZED BY THE PA SUPREME COURT

Certified Workers’ Compensation Specialist*
AS AUTHORIZED BY THE PA SUPREME COURT

Workers’ compensation and third-party negligence

When it comes to work-related injuries, most people are familiar with workers’ compensation claims as a means of receiving benefits from an employer. In some cases, a thorough investigation of a claim leads to the discovery of third-party negligence. This is important for any Pennsylvania worker who has experienced an injury while on the job because it may entitle the worker to further compensation.

When is third-party negligence a factor?

Third-party negligence comes into play when someone other than your employer was at fault for your injury. A common situation where this might occur is when multiple companies are involved in the same project. If the company that caused your injury wasn’t the one you work for, pursuing a third-party negligence claim in addition to workers’ compensation may help you get all the money that you’re entitled to.

These two legal actions differ in what they’re intended to recover. Workers’ compensation claims recover partial wages and medical bill payments that are related to the work injury. Third-party negligence, on the other hand, recovers lost wages, future wages, and pain and suffering in addition to other damages.

A balancing act between claims

Bringing both of these claims forward often means working with two separate attorneys. You don’t want to end up in a situation where one attorney is doing what’s best for their case while simultaneously damaging the case for the other claim. Whenever possible, you may want to work with an attorney who handles both workers’ compensation claims and third-party negligence claims.

This is a challenging legal tightrope to walk because virtually every piece of evidence from one claim could affect the other. Workers thus have to be extremely careful with what evidence they choose to bring forth in either case.

Getting injured on the job may be catastrophically life-altering. It’s important that workers are fairly compensated, but it’s not always solely the employer who you should look to for paying these damages. In some cases, a third party was at fault, so a full and thorough investigation may help you get the compensation that you deserve.