At Munley Law, our Wilkes-Barre workplace injury lawyers have extensive experience representing clients in both workers’ compensation claims and third-party lawsuits. Since 1959, we’ve been protecting workers’ rights and securing additional compensation beyond standard workers’ comp benefits.
Our attorneys handle both workers’ compensation claims and third-party personal injury lawsuits arising from workplace accidents. We understand how these claims interact, including issues involving negligence, comparative fault, and workers’ compensation subrogation, allowing us to pursue every available source of compensation after a serious work injury.
If a third party’s negligence caused your workplace injury, contact us for a free consultation to determine if you qualify. Our Wilkes-Barre workers’ compensation attorneys will fairly evaluate your case and seek the highest possible compensation for your third-party claim.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 What is a Third-Party Workplace Injury Lawsuit?
A third-party work injury claim is a lawsuit against someone who is not your employer, boss, or co-worker. This claim is for injuries you got while working. Unlike workers’ compensation, a no-fault system, or third-party lawsuits, which require proving negligence, third-party lawsuits can result in significantly higher compensation.
According to the Pennsylvania Workers’ Compensation Act, you cannot sue your employer for workplace injuries, even if a third party caused them. However, you can file a personal injury lawsuit against third parties responsible for your work-related injury. For example, if you’re a truck driver injured by another driver’s negligence, you can sue that driver while still pursuing workers’ comp benefits.
It’s important to note that workers’ compensation does not cover pain and suffering, loss of consortium, and punitive damages. It will only pay for medical expenses and lost wages. Third-party lawsuits can recover these additional damages, often resulting in substantially higher compensation.
Common Third-Party Workplace Injury Cases in Wilkes-Barre
Some common types of third-party injuries can include:
- Equipment Manufacturer Liability: When defective machinery, faulty tools, or equipment malfunctions cause injury, product liability lawsuits against manufacturers can recover damages beyond workers’ comp. This includes manufacturing defects, design flaws, or insufficient safety warnings.
- Motor Vehicle Accidents: If another driver causes your injury while you’re working (delivery drivers, traveling between job sites, etc.), you can sue the at-fault driver. This is one of the most common third-party workplace injury scenarios.
- Construction Site Third-Party Claims: Construction workers frequently interact with subcontractors, equipment suppliers, and property owners. When their negligence causes injury, these parties can be held liable separately from your employer. There were 7,973 construction injuries reported in Pennsylvania in 2024, 19 of which were fatal.
- Property Owner Negligence: Injuries on property not owned by your employer (client sites, delivery locations, etc.) may qualify for premises liability lawsuits. Examples include slip and fall accidents, dog bites, or hazardous conditions that the property owner failed to address. These accidents and risks often cause serious injuries, including strains and sprains (35.1% of worker injuries in 2024), contusions, crushing and bruising (22.1%), and cuts, lacerations, and punctures (16%).
- Toxic Substance Exposure: Exposure to toxins and other hazardous substances from third-party suppliers or neighboring properties can result in workers’ comp claims and separate lawsuits against the responsible parties. Chemical burns caused 3,030 injuries in 2024, accounting for 1.8% of all worker injuries that year.
According to the 2024 Pennsylvania Workers’ Compensation and Workplace Safety Annual Report, a total of 165,985 work injuries and illnesses were reported in the state in 2024 – an increase of 4,560 cases from 2023. Struck-by and struck-against accidents accounted for 33.6% of this total, many cases of which were caused by third-party negligence.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
How is Third-Party Negligence Proven for Workplace Injuries?
Our Wilkes-Barre third-party injury attorneys must establish four key elements:
Duty of Care: The third party had a responsibility to prevent injury-causing incidents. Equipment manufacturers must ensure products are safe; drivers must follow traffic laws; property owners must maintain safe conditions.
Breach of Duty: The third party failed to meet their safety obligations. This could be a manufacturing defect, a traffic violation, or a failure to maintain safe property conditions.
Causation: The third party’s actions (or lack of action) directly caused your injuries. We must prove their negligence definitively resulted in the accident.
Damages: We document your total losses, including medical expenses, lost wages, pain and suffering, and future costs, to determine your claim’s value.
Understanding Subrogation Rights in Third-Party Cases
Under Section 319 of the Pennsylvania Workers’ Compensation Act (77 P.S. § 671), your employer or its workers’ compensation insurer generally has a right of subrogation. This means they may recover workers’ compensation benefits they paid if you successfully recover damages from a responsible third party. The purpose is to prevent double recovery while ensuring the party responsible for your injuries ultimately bears the financial responsibility.
If your third-party settlement exceeds the workers’ comp benefits paid, you keep the difference. This often makes third-party lawsuits financially beneficial even after subrogation.
Steps to Take After a Third-Party Workplace Injury
- Report to Your Employer: Report your injury to your employer as soon as possible. Under the Pennsylvania Workers’ Compensation Act, providing notice within 21 days generally allows wage-loss benefits to begin from the date of your injury. If notice is given after 21 days but within 120 days, you may still qualify for benefits, although wage-loss benefits may only begin from the date notice was provided. In most cases, failing to notify your employer within 120 days of the injury or discovering a work-related occupational illness can prevent you from recovering workers’ compensation benefits.
- Preserve Evidence: Photograph the accident scene, faulty equipment, or hazardous conditions. Secure witness statements and any CCTV footage.
- Follow Safety Protocols: Comply with OSHA guidelines and your workplace’s emergency procedures.
- Seek Medical Treatment: Get a comprehensive medical evaluation and follow all treatment recommendations.
- Contact a Third-Party Injury Attorney: An early legal consultation helps preserve evidence and properly develop the case.
- Document Everything: Keep records of medical treatment, lost wages, and how the injury impacts your daily life.
Frequently Asked Questions About Third-Party Workplace Injury Claims
Can I File Both Workers’ Comp and a Third-Party Lawsuit?
Yes, you can and often should pursue both. File for workers’ compensation first to cover immediate medical expenses and lost wages, then pursue a third-party lawsuit for additional damages. This dual approach maximizes your total compensation.
What is the Time Limit for Third-Party Workplace Injury Lawsuits?
In most cases, Pennsylvania’s personal injury statute of limitations gives injured workers two years from the date of the injury to file a third-party lawsuit under 42 Pa.C.S. § 5524. However, different deadlines can apply in certain situations. For example, if the injured person is a minor, Pennsylvania law generally tolls the statute of limitations until they turn 18 under 42 Pa.C.S. § 5533(b). Because filing deadlines can vary depending on the circumstances, it’s important to speak with an attorney as soon as possible.
How Much is My Third-Party Case Worth?
Third-party cases are typically worth significantly more than workers’ compensation alone because they include pain and suffering, future medical costs, loss of earning capacity, and potentially punitive damages. Each case requires thorough investigation to determine fair compensation value.
Should I Accept a Settlement Offer?
Never accept settlement offers without legal representation. Insurance companies and defendants often offer inadequate amounts to avoid paying full compensation. Our attorneys ensure any settlement reflects the true value of your injuries and losses.
What if Multiple Third Parties Share Responsibility?
When multiple parties contribute to your workplace injury (equipment manufacturer, property owner, negligent driver), we can pursue claims against all responsible parties to maximize your recovery.
Why Choose Munley Law for Your Third-Party Workplace Injury Case?
Our Wilkes-Barre third-party injury attorneys have received numerous awards and high rankings from Martindale-Hubbell based on client and peer reviews. We’ve been protecting workers’ rights since 1959 and have extensive experience with complex third-party workplace injury cases.
Our lawyers have also won some of the legal industry’s top accolades and awards, underscoring their skill in representing client cases and handling third-party injury claims. Eight Munley Law attorneys have been featured as Super Lawyers, with Marion Munley named to the Top 10 Super Lawyers in Pennsylvania, the Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers lists. All five of our partners have been named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, with Marion Munley also listed as one of the Lawdragon 500 Leading Lawyers in America.
Our firm has consecutively been named to Best Law Firms. All of our lawyers have also received awards from Best Lawyers, Marion Munley has been named Lawyer of the Year for Product Liability Litigation, Medical Malpractice Law, and Personal Injury Litigation, Daniel Munley is named Lawyer of the Year for Product Liability Litigation, and J. Christopher Munley has been cited as a Lawyer of the Year for Workers’ Compensation. We also have a Pennsylvania Bar Association-certified workers’ compensation specialist, Caroline Munley, on staff to assist you in successfully filing your claims and winning the compensation you deserve.
We work on a contingency fee basis – no fees unless we win your case. This means no upfront costs for consultations or legal action, allowing you to focus on recovery while we handle your third-party claim.
Contact Munley Law today for a free consultation to discuss your third-party workplace injury case and learn how we can secure the additional compensation you deserve.
Caroline Munley
Caroline Munley is a certified workers’ compensation specialist. During her time fighting for the rights of workplace injury victims, she has recovered millions of dollars for injured workers, in addition to being named as among the Best Lawyers in America for Plaintiffs and Workers’ Compensation Law-Claimants for Northeastern Pennsylvania.
