Most workers who are covered by workers’ compensation insurance are barred from filing a lawsuit to recover damages for a workplace injury. However, when a third party (not an employer or fellow employee) causes the injury, the worker may be able to pursue damages in a third-party liability claim.
Examples of Third Parties Who May Be Held Liable
Most workplace injuries occur independently of third parties. However, sometimes an injury is incurred that would not have been but for the negligence of someone outside of the workplace.
Third parties who may be held liable for a workplace injury include the following listed below.
A landowner is accountable if an employee is injured on the landowner’s property as a result of a known hazard or danger that the landlord has failed to remedy. A slip and fall accident caused by a property risk is an example of this.
Finally, a manufacturer may be held liable if a product/equipment/machine has a design or manufacturing defect that has rendered it dangerous. If this error causes a worker injury, then the worker may be able to file a lawsuit directly against the manufacturer.
What damages are available in a third party liability claim?
The types of workers’ compensation benefits available to Pennsylvania workers include both economic and noneconomic damages in a third-party liability claim. Examples of recoverable damages may include these.
- All medical expenses related to the accident
- Lost wages and future lost wages
- Pain and suffering
- Mental anguish
Do I need an attorney when filing a third party liability claim?
Regardless of whether you’re filing a workers’ compensation claim for benefits or a third party liability claim for benefits, an attorney can be a great asset. An attorney can help you to prove the extent of the harm you’ve suffered, as well as common dispute defenses to negligence-based claims. At the time of a settlement offer, an attorney will also make sure that your compensation is fair, and that it adequately covers the extent of harm you’ve suffered.
At Cordisco & Saile LLC, our workers’ compensation and personal injury lawyers want to help you recover the compensation you need after a workplace accident. To learn more about third party liability claims and your right to take legal action, get a hold of the office today. Remember, file all personal injury claims within two years’ time per Pennsylvania law, get started now by dialing 215-642-2335!