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Scranton Workers’ Comp and Third Party Claims

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Scranton workers’ comp lawyers handling third party claims

If third-party negligence caused your workplace injury, and you need assistance filing a third-party workers’ compensation claim, the Scranton workers’ compensation attorneys at Munley Law can help

When a workplace injury keeps you off the job, the Pennsylvania Workers’ Compensation Act entitles you to seek workers’ compensation benefits for help with medical expenses and lost wages while you are recuperating. Many workers believe that they may only receive remuneration through their employer’s workers’ compensation policy if they are injured on the job. However, in many cases, a negligent third party other than your employer may be held responsible for your injury. If you are hurt at work due to the negligence of a third party, you deserve the maximum compensation for your injuries. In addition to seeking workers’ compensation benefits, you have the right to file a third-party workers’ compensation claim for personal injury with the help of a Scranton workers’ comp attorney.

The Scranton workers’ comp lawyers at Munley Law can help you receive the compensation you need for your third-party injuries. For more than  60 years, Munley Law has been the go-to firm for injured workers and their families. Having earned national recognition for work on behalf of injured claimants, the attorneys from Munley Law have been named among the Best Lawyers in America, Pennsylvania Super Lawyers, Top 100 Trial Lawyers in Pennsylvania, and Best Law Firms via U.S. News and World Report.

Chat live, email us, fill out our contact form, or call for a free consultation today.

What’s the difference between workers’ compensation benefits and work injury third-party claims?

And how can a Scranton workers’ comp lawyer help me decide which to pursue?

If a negligent third party at work injures you, you can typically pursue both claims

scranton workers compensation lawyerIn general, if you’re injured on the job in Scranton, you can receive workers’ comp in the form of payment for medical expenses or lost wages. Family members can also receive economic benefits to cover your lost paycheck if your work injury results in death. Pennsylvania is a no-fault state for workers’ compensation, and as such, you do not need to prove your employer was at fault for your work-related injuries. Whether you have suffered an on-the-job injury, an injury at an off-site location while performing your job duties, health problems due to exposure at work, or repetitive motion-related conditions, you are most likely covered under the Pennsylvania Workers’ Compensation Act.

In some instances, an insurance company will attempt to deny your benefits by stating you did not receive your injuries on the job. In those cases, a Scranton workers’ comp attorney at Munley Law can ensure that you get the benefits you deserve.

In many instances, a negligent third party may be liable for your workplace injury, allowing you the opportunity to go after them with a personal injury or third-party workers’ comp claim. To win compensation in a third-party claim, you need to be able to prove that the other party, be it a single person or entity, was either negligent or set out to intentionally cause you harm. A third-party workers’ compensation claim allows you to sue the other party for pain and suffering, emotional distress, and other related damages. For these reasons, you need an experienced Scranton injury lawyer. Our team of attorneys at Munley law has over six decades of experience and will fight to get you the compensation you deserve.

As more employees return to the workplace, you need a competent Scranton workers’ comp attorney now more than ever. 

 

Can I sue my employer if I get sick with COVID-19 at work?

Pennsylvania’s workers’ compensation system offers you no-fault financial support, including payment for medical bills and lost wages should you become ill or injured on the job. In return, your employer cannot be sued, except for specific, extraordinary circumstances.

However, if a third party’s negligence is to blame for your illness, you may have the right to file a third-party liability lawsuit against them for damages. Should an outside vendor, customer, or other third-party entity bring you in contact with COVID-19 through gross negligence or intentional misconduct on their part, contact our team of workers’ comp attorneys in Scranton at Munley Law for a free consultation today.

I was injured on the job by a negligent third party. Can I file a third-party liability claim against them?

Whether it was due to negligence or an intentional act, you may have a third-party liability claim

When you’re injured or become ill at work, your first thought is to think about workers’ compensation. Most employees know that they are eligible for workers’ compensation benefits when someone sustains an on-the-job injury. An example of this would be if you are on a job site and a piece of heavy equipment falls on you, causing injury to your leg. If the equipment is owned and operated by your company, you would be eligible for workman’s compensation insurance.

What many workers don’t realize is that they can also make a third-party workers’ comp claim.

How do I know if I am eligible for a third-party liability claim when injured on the job in Scranton?

scranton workers' comp attorneyUsing our first example, you’re once again on a job site when a piece of heavy equipment falls on you, injuring your leg. However, in this case, the equipment is owned and operated by another company for which you don’t work, but happens to be on site. In this instance, you may be able to submit a claim for workers’ compensation benefits and file a third-party liability claim against the other company. To find out if your work-related injury is eligible for a third-party claim, contact our Scranton injury attorneys for a free consultation today. You can chat with us live, fill out our contact form, or call 24/7.

You want an experienced attorney who knows about workers’ compensation and third-party liability claims. At Munley Law, we’ve helped workers like you get the compensation and peace of mind you deserve for over 60 years.

 

Who are the most common negligent third parties responsible for workplace-related injuries?

How to identify who is responsible when filing a third-party works’ compensation claim

When you suffer an injury or become ill due to a workplace injury, your workplace benefits only cover certain types of claims, including incidents caused by fellow employees and your employer. You have the right to workers’ compensation benefits should any unforeseen accident at work cause you injury, or, in some cases, even death. Under these circumstances, workers’ compensation will cover many of your immediate needs, such as medical expenses, lost wages, and, in the case of death, lost paychecks in the form of benefits for your family.

Workers’ compensation does preclude you from filing a lawsuit against your employer for your injuries. However, there are some cases where your employer may face fines and penalties for OSHA violations and other workplace hazards revealed by your accident.

Under Pennsylvania law, workers can file personal injury or third-party liability lawsuits against any third-party person or entity responsible for their injury while on the job. However, if a third party was negligent, causing you on-the-job injury, then you have the right to file a third-party workers’ compensation claim against them. Unlike workers’ comp insurance, workers’ compensation third-party claims can seek damages for pain and suffering, emotional distress, lost future employment opportunities, and other monetary compensation.

 

Who is considered a negligent third party?

There are many different persons and entities whose negligence can invoke a third-party liability claim. Following are examples. For help determining if a negligent third-party caused your injury at work, contact a Scranton workers’ compensation attorney at Munley Law for a free consultation.

  • Cleaning companies can keep an office or a job site running, but if someone forgets to put up a sign which leads to a slip and fall accident, that makes them a negligent third party.
  • Contractors and Subcontractors can be negligent third parties. If a subcontractor on your job site is responsible for your injury, you may be able to initiate a third-party lawsuit against them. Conversely, if you work for a subcontractor and the general contractor is responsible for your injury, they may be liable.
  • Construction sites usually have many third parties on-the-job, including Vendors, Suppliers, and Others, all of whom can be negligent third parties.
  • Defective Equipment and Products, including faulty vehicles, defective construction equipment, poorly maintained and inherently dangerous safety equipment that didn’t work as expected, and any other equipment used on the job that causes your injury can be cause for a third-party liability claim. In this case, you would file a lawsuit against the product manufacturer.
  • Drivers who have to travel for work and receive injuries in a Car Accident can file a third-party liability claim against the other driver who caused the accident. You can also file third-party workers’ compensation claims against Drunk Drivers and other persons at fault for an automobile accident.
  • Exposure to a Toxic Substance while on a job site may cause you to become seriously ill and even incapacitate you, making it impossible to work. Substances such as asbestos or lead are hazardous and sometimes not known for years. In these cases, you may be able to sue the manufacturer of the toxic substance or even the manufacturer of the safety equipment as a negligent third party.
  • Government or Other Public entities that fail to maintain critical infrastructure, such as gas and electrical lines, that have caused you injury, can all be a party to a third-party workers’ compensation claim.
  • Property Owners need to maintain the safety and security of their properties at all times. If unsafe working conditions cause you to be injured on someone else’s property, you may be able to receive compensation through a third-party liability claim.
  • Security can give rise to third-party workers’ comp claims. If you work somewhere with inadequate security and criminal activity results in you being injured, you could have the right to compensation.

Why choose a Scranton injury lawyer at Munley Law for my third-party negligence claim?

When you file for workman’s compensation benefits, you need experienced attorneys who understand the system. You want an attorney who can determine whether or not you’re eligible for compensation and who will fight for you if your claim is denied. Moreover, you want a lawyer with expertise who can assist you with identifying negligent third parties.

Filing for workers’ compensation benefits while also making a third-party liability claim can be difficult. The work injury lawyers at Munley Law have almost six decades of experience fighting for people like you. We can manage both sides of your case while helping you to receive the compensation you deserve. From our office in Scranton, Lackawanna County, our Munley Law workers’ compensation lawyers serve the surrounding area.

We offer a confidential and free consultation to assess whether you have a legitimate case. Failing to consult with an attorney following an on-the-job injury may fail to receive the benefits for which you are qualified.

Frequently Asked Questions About Workers’ Compensation Third-Party Claims

At Munley Law, we understand that a work injury can be a life-changing event, leaving you wondering how you’re going to pay your bills, feed your family, and more. Many questions come up during this challenging time. Below are frequently asked questions. If you do not see the answer to your question or if you would like to discuss your particular situation with an experienced workers’ compensation lawyer, contact Munley Law for a FREE consultation today.

How do I prove that a third party, either another person or entity, was negligent in causing my injury at work?

Proving that a third party was negligent in causing your injuries on the job is, in many ways, much more complex than filing for workers’ compensation benefits. In Pennsylvania, workers’ comp is considered no-fault, meaning that you do not need to prove your employer was at fault if you are injured at work.

However, with a third-party liability claim, the burden of proof is higher. In general, you need to show that the third party breached their duty of care toward you, that the breach caused your injuries, and that your injuries require compensation. While it is a high hurdle, our Scranton workers’ comp attorneys have decades of experience helping workers like you receive the compensation they deserve.

 

What is meant by the term “negligence”?

Under the law, negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” In third-party workmans’ compensation cases, this means that the third party in question has a duty to ensure that the job site or equipment in use is safe, as any reasonable person would expect. For example, if you go to the same office every day for 20 years, it is reasonable for you to expect that it is not filled with deadly toxins like lead and asbestos. Should the building turn out to be, the property owner and toxin manufacturer may be deemed negligent.

 

Can I sue my employer for a work injury in Scranton?

In almost all cases involving workers’ compensation, workplace injury, and even third-party liability, you cannot sue your employer under Pennsylvania law. Because Pennsylvania is a no-fault workers’ compensation state, you receive workers’ comp benefits without having to prove your employer was at fault.

There are some exceptions to that rule. You may be able to sue your employer if they do not provide you with the proper workmans’ compensation insurance coverage.

 

Will I be able to file for workers’ compensation benefits and a third-party liability claim?

When a negligent third party and not your employer is responsible for your workplace injuries, you have options. Workers’ compensation benefits only cover medical expenses and lost wages. If however, a third party injures you, you may also be able to file a personal injury lawsuit.

What is “subrogation” in a Scranton workers’ comp claim?

While you may have the ability to file for workers’ compensation benefits and a third-party claim, please be aware that in Pennsylvania employers and their insurance carriers have what is called the right of subrogation. Subrogation allows your employer to recover any amount of money you received for workers’ compensation benefits from your third-party payout.

Pennsylvania law allows employers and their insurance companies to prevent workers from getting more money than they need when injured. However, you can keep any money recovered from a third party above your workmans’ compensation benefits.

 

How long do I have to file a third-party workers’ compensation claim?

When filing for workers’ comp benefits, you need to act fast. In Pennsylvania, employees only have 120 days from the date of the incident to make a claim. It is a difficult process, especially when certain illnesses, such as exposure to toxic substances, may not be noticeable for years.

However, when you opt to file a third-party liability claim, you have much more flexibility. Pennsylvania allows workers like you two years from the date of the incident to make a third-party claim. In some cases, such as illnesses that are not immediately noticeable, officials can extend the statute of limitations.

 

Either way, you deserve compensation. A Scranton workmans’ comp lawyer at Munley Law can help you. Contact us for a free consultation today.

 

How long will a third-party liability lawsuit take before I see a payout?

In Pennsylvania, the statute of limitations is two years, meaning you have that amount of time to file a lawsuit from the date of the incident. A settlement negotiation could take anywhere from one month to one year, depending on the specifics of your case, the willingness of the parties, and other mitigating factors. If your case goes to trial, it could take anywhere from one to two years before it is scheduled on the court docket.

While that might sound like a lot of time, especially if you have bills you need to pay, it is best not to rush these things. You want to make sure that you present the most robust case possible. Our Scranton workers’ compensation lawyers at Munley Law will help you gather all of the evidence you need to reach a fair settlement or present a winning case in court.

 

If a negligent third party caused your work injury and your bills are piling up, contact a Scranton workers’ comp lawyer at Munley Law for a free consultation today

Being out of work due to an accident, injury, or illness caused by a negligent third party can be stressful for you and your family. At Munley Law, we’re here to help you. We understand how work injuries can affect your livelihood, bank account, and emotional wellbeing.

The Scranton personal injury attorneys at Munley Law have 60+ years of experience helping employees and workers like you receive the compensation they deserve. And we can help you with your workers’ compensation benefits in addition to your third-party negligence claim.

At Munley Law, we believe that cost should not stand in the way of justice for the injured. Therefore, we do not collect a fee for our services unless we recover benefits for you. As our client, you will not have to pay anything upfront or out of your pocket.

Chat, email, or call us today to arrange a free consultation with a Scranton workers’ compensation lawyer.

 

 

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If you think you may have a personal injury case, contact us now for a FREE consultation.

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    A great bunch of lawyers who helped me during my time of need. Thank you, Munley Law! George, Former Client

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