When faulty equipment, negligent drivers, or dangerous property conditions cause your workplace injury, workers’ compensation may not be enough. If someone besides your employer caused your injury, you might receive compensation through a third-party lawsuit.
Our Wilkes-Barre workplace injury lawyers at Munley Law 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.
If a third party’s negligence caused your workplace injury, contact us for a free consultation to determine if you qualify.
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 coworker. This claim is for injuries you got while working. Unlike workers’ compensation, a no-fault system, third-party lawsuits require proving negligence but can result in significantly higher compensation.
In Pennsylvania, 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.
- 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.
- Toxic Substance Exposure: Exposure to toxins and poisonous substances from third-party suppliers or neighboring properties can result in both workers’ comp claims and separate lawsuits against the responsible parties.
Proving Third-Party Negligence 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, traffic violation, or 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
Pennsylvania law grants your employer subrogation rights, meaning they can recover workers’ compensation benefits paid if your third-party lawsuit is successful. This prevents double recovery for the same injury while ensuring the responsible party pays.
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: File a written injury report immediately, documenting any equipment malfunctions or third-party involvement.
- 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: Early legal consultation ensures evidence preservation and proper case development.
- 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?
Pennsylvania’s personal injury statute of limitations gives you two years to file a third-party claim. Missing this deadline eliminates your ability to pursue additional compensation, making early legal consultation crucial.
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.
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.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
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