You’re using a piece of equipment at work, and it malfunctions. The accident causes a bad injury. You may be out of work for months. What are your options?
Sometimes when a worker gets hurt on the job, a third party caused the accident. When this happens, you may qualify for workers’ compensation, but you also could pursue a third-party liability claim that will compensate you for the pain and inconvenience of your injury.
Filing a third-party claim is very different from pursuing workers’ compensation. Here’s what you need to know.
What Is a Third Party?
A third party is anyone besides you and your employer. Depending on how you got injured, the third party could be a lot of different people or businesses, such as:
- The manufacturer of a machine that led to your injury
- The other driver if you get in a car accident
- Property owner if you got injured off-site
- Vendors or contractors who failed to keep workplace equipment in good shape
A co-worker could also qualify as a third party if they caused your injury directly, such as in an assault.
Can You Sue a Third Party for a Work Injury?
When you get injured at work, you usually can’t sue your employer. Collecting workers’ compensation is all you can do to balance out the pain and suffering, unless it was a case of gross negligence or you became injured because your employer assaulted you.
But if a third party caused your injury, you can file a lawsuit against them to seek the compensation you are entitled to receive. By pursuing this case, you can increase the amount of money you get from your injury.
Workers’ compensation is capped based on how much money you make and the current rates in Pennsylvania. You will not make as much as you do on the job. While you also get money to pay for your medical bills, you may struggle to pay your other bills when your income level drops.
Suing the party who caused your injury could bring you badly needed money to cover your expenses while also giving you closure about the accident. You may feel angry and frustrated about what happened. Pursuing a lawsuit can help you let go of those feelings.
You will need to prove fault in a third-party claim, unlike when you file workers’ compensation. A good lawyer can walk you through the steps you should take to build your case. They can advise you on what evidence you need and explain how much money you can ask for in your claim.
Contact Us to Sue for Your Third-Party Work Injury
The attorneys at Frommer D’Amico have assisted other workers like you with their third-party liability claims. They can assist you in building your case and gathering the information you need. We charge low fees, and we know this field. We only take workers’ compensation cases, and we always work for workers, not employers. Contact us today at 717-400-1000 or reach out online.
Joe D’Amico has more than 20 years of experience fighting for injured workers. He is Certified as an Expert in Pennsylvania Workers’ Compensation Law by the Supreme Court of Pennsylvania. Joe is one of the very few Pennsylvania workers’ compensation attorneys who have obtained a recovery in excess of $1.5 million for an injured worker.
Reviewed by Joe D’Amico.