If you were injured at work in the Hazleton area and someone other than your employer contributed to the accident, you may have more than one avenue for recovering compensation. In addition to workers’ compensation benefits, you may also have grounds to pursue a third-party personal injury claim against the person or company responsible for your injuries.
Munley Law has represented injured Pennsylvania workers for decades, helping clients pursue workers’ compensation benefits while evaluating whether a third-party lawsuit may also be available. Our attorneys have recovered significant verdicts and settlements in complex workplace injury cases involving negligent drivers, property owners, contractors, and product manufacturers.
Contact our Hazleton workers’ compensation lawyers for a free consultation to discuss your legal options regarding a third-party claim.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 What Are Workers’ Compensation Claims in Hazleton?
Workers’ compensation provides medical and wage-loss benefits to most Pennsylvania employees who are injured on the job. However, those benefits generally do not include compensation for pain and suffering or other non-economic damages.
If someone other than your employer contributed to your injury, you may also have the right to pursue a separate third-party personal injury claim.
How Evidence Is Gathered in a Third-Party Workplace Injury Claim
Unlike a standard workers’ compensation claim, a third-party lawsuit requires proof that another person or business acted negligently. Building that case often involves gathering evidence beyond medical records and employer reports.
Depending on how the accident occurred, your attorney may investigate accident scenes, inspect defective equipment, obtain surveillance footage, interview witnesses, review OSHA findings, preserve maintenance records, or work with accident reconstruction specialists and engineering experts. Acting quickly is important because physical evidence can disappear and witnesses’ memories may fade over time.
How Long Do You Have to File a Third-Party Claim?
While workers’ compensation claims follow their own filing deadlines under the Pennsylvania Workers’ Compensation Act, a third-party personal injury lawsuit is generally subject to Pennsylvania’s two-year statute of limitations. Under 42 Pa. C.S. § 5524, most injured workers have two years from the date of the injury to file a lawsuit against a negligent third party.
Missing this deadline can prevent you from recovering damages through a personal injury claim, so it is important to speak with an attorney as soon as possible after a workplace accident.
The timeline for workers’ compensation claims is as follows: Pennsylvania law generally requires workers to notify their employer within 120 days of a workplace injury (77 P.S. § 631). Workers who notify their employer within 21 days may receive benefits dating back to the injury itself. However, in most cases, a workers’ compensation claim petition must be filed within three years of the injury under 77 P.S. § 602.
What Do You Need to Know About Third Party Workers’ Comp Claims?
When you are injured at work in Hazleton, you are not legally allowed to sue your employer or coworkers, even if their negligence was fully or partially responsible for your injury. Instead, your best course of action is to file a workers’ compensation claim. In Hazleton, the Pennsylvania Workers’ Compensation Act provides compensation to individuals injured at work, making a personal injury suit against an employer unnecessary in most cases.
However, there may be parties at fault outside of the employer for your work injury, and you may be able to file a personal injury suit against them. Essentially, a third-party claim is a claim against any entity other than your employer that contributed to your workplace injury. You are considered the first party, your employer is the second party, and the third party is anyone else who contributed to or caused the injury.
If, for example, your injury was due to a piece of machinery spontaneously malfunctioning, you may be able to file a personal injury suit against the manufacturer of that machinery. Other examples of potential third-party claims include:
- If you are working on someone else’s property (perhaps as a landscaper or wi-fi technician, for example) and you are bitten or injured by the property owner’s dog, you may be able to sue the property owner
- If your job involves driving and you are in a car accident while working, you may be able to file a personal injury suit against the other driver
- If your job involves exposure to toxins or chemicals that cause injury or disease, you may be able to file a personal injury suit against the manufacturers of those products
Proving Negligence in a Third-Party Claim
To sue a third party for your workplace injury, you and your lawyer will need to prove that the third party exhibited negligence. To prove that, you must prove the following:
- That the third party owed you a duty of care
- That this duty of care was breached
- You suffered injuries or harm as a result of this breach
- Those injuries resulted in monetary damages and a financial burden to you
A duty of care is essentially one party’s legal responsibility to act reasonably and not in a manner that could foreseeably cause someone harm or injury. This duty is breached when one party acts unreasonably or negligently in a manner that causes harm or injury to someone else. How do we prove this duty of care exists in a third-party claim for a workplace injury, and how do we prove that the duty of care was breached?
You and your attorney will review the specifics of your case to come up with a proper approach, but the duty of care and the obligation to act reasonably are present in most situations. For instance, if you work for a painting company and are painting someone’s home, the property owner or renter is responsible for making sure the environment is reasonably safe so that you can perform your work. In other words, they owe you a duty of care. If they know their staircase is poorly maintained and don’t tell you, and you fall through it and sustain an injury, that duty of care has been breached.
Then, of course, you and your Hazleton workers’ personal injury lawyer will gather evidence showing that this incident caused you an injury and that the injury resulted in monetary damages. This evidence will likely include medical bills and records, photographs, testimony, and more. The third party will most likely try to deny their negligence at every possible point along the way, which is why it’s recommended to work with an experienced attorney who can fight back on your behalf and work to protect your interests throughout the claims process.
Can You File for Workers’ Compensation and File a Third-Party Claim?
Depending on your case, you may be able to file for workers’ compensation and file a third party claim at the same time. It’s always best to consult with your Hazleton workers’ comp attorney to determine whether this is the best course of action.
However, while you are legally able to file for both of these means of compensation at the same time, you are not able to receive double benefits for the same injury. Suppose you are receiving workers’ compensation, and you and your Hazleton injury lawyer sue a third party for the same accident and win. In that case, you will need to recoup your employer for any workers’ compensation benefits you received. This is known as a right to subrogation, meaning that Pennsylvania employers and their insurance carriers have a legal right to be repaid for any damages they paid out to you if you ultimately find a third party negligent and liable.
For this reason, it’s important to weigh whether the potential compensation received from suing the third party will be greater than what you may receive via workers’ compensation (which does have a weekly statewide cap). If so, suing that third party may be wise. If not, you might be better off solely pursuing workers’ compensation. Talk to your Hazleton workers’ comp lawyer today to decide which of these paths is best for you and your particular case.
How Does Compensation in Workers’ Compensation Compare with Third-Party Claims?
Generally, workers’ compensation provides coverage for lost wages, medical bills, and vocational rehabilitation. In most cases, the vast majority of your medical bills and health or treatment-related expenses should be covered by workers’ comp. Regarding lost wage benefits, most people receive a weekly check equal to approximately two-thirds of their pre-injury salary, currently capped in Pennsylvania at $1,394 per week. How long these benefits extend depends on the extent of your injury and disability.
However, it is not uncommon for employers and their insurance carriers to try to undermine someone’s disability status in order to avoid paying out benefits for longer than they wish to. If you believe this is the case, please contact a Hazleton workers’ comp attorney at Munley Law as soon as possible so that we can help you set things right.
In any personal injury case, such as a third party claim, it’s difficult to estimate how much a suit may be worth without examining the specific case details. Speak to your Munley Law Personal Injury Attorneys attorney today to get an estimate for your case and decide whether filing a third party suit may be the right course of action for you.
What Can Our Hazleton Workers’ Comp Attorneys Do For You?
Experiencing an injury in the workplace is, without a doubt, a stressful and traumatizing experience, and it’s made all the more difficult if you try to seek compensation alone. Allow the attorneys at Munley Law Personal Injury Attorneys to handle the legal process for you so that you can focus on your recovery and getting back to your work and your life.
At Munley Law, we know that employers and their insurance providers are sometimes resistant to workers’ compensation claims, and that third parties and their legal teams will do everything they can to disprove your case. However, we are committed to fighting for you at every turn, and we have an excellent track record to prove that you can rely on us.
A couple of our client victories saw us obtain a $12 million verdict for a woman who lost a leg in an accident involving a forklift and a $1 million jury verdict for a warehouse worker whose foot was crushed when a pallet jack went over it.
Workplace injury claims can involve workers’ compensation proceedings, third-party investigations, insurance negotiations, and litigation. Our attorneys handle every stage of the legal process so you can focus on your recovery.
We regularly represent injured workers whose claims involve negligent drivers, property owners, contractors, manufacturers, and other third parties. When appropriate, we coordinate both the workers’ compensation claim and the personal injury lawsuit while helping clients understand how subrogation may affect any recovery.
Marion Munley, Daniel Munley, J. Christopher Munley, and John Mulcahey are board-certified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. All our highly qualified lawyers have years of hands-on trial experience, which is something many personal injury attorneys and firms cannot offer.
Caroline Munley is named a certified workers’ comp specialist by the Pennsylvania Bar Association’s Section on Workers’ Compensation. She was also named among the Top 25 Women Trial Lawyers in Pennsylvania, while all our partners were named among the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers. Best Lawyers, which routinely honors our attorneys, named J. Christopher Munley as Lawyer of the Year for Workers’ Compensation and named Marion Munley as Lawyer of the Year for Personal Injury Litigation. Marion Munley and Daniel Munley are members of the invitation-only American Board of Trial Advocates. All our lawyers are members of the Pennsylvania Bar Association and the American Association for Justice. In addition, all of Munley Law’s attorneys have received AV Preeminent ratings from Martindale-Hubbell and have been honored by Irish Legal 100 and Lawdragon.
Frequently Asked Questions About Third-Party Claims and Workers’ Compensation
What is a Third-Party Claim in a Workplace Injury Case?
A third-party claim in a workplace injury case is a personal injury lawsuit filed against someone other than your employer or coworkers who contributed to your work-related injury. While workers’ compensation covers basic benefits, a third-party claim enables you to seek additional damages, such as pain and suffering. These claims often involve negligent drivers, property owners, or equipment manufacturers.
Can I Receive Workers’ Compensation and Third-Party Compensation?
You may be able to receive workers’ compensation and third-party compensation. While you can pursue a workers’ comp claim and a third-party lawsuit at the same time, you cannot recover twice for the same damages, and your employers’ insurer may be reimbursed through subrogation if you win your third-party case.
How Long Do I Have to Report a Workplace Injury in Pennsylvania?
You have up to 120 days to report a workplace injury in Pennsylvania, although it’s best to inform your employer as soon as possible. You must report the injury within 21 days to receive full benefits from the date of the injury. Delaying your report can reduce or eliminate your eligibility for compensation.
What Types of Benefits Does Workers’ Compensation Provide in Hazleton, PA?
Workers’ compensation in Hazleton, PA, usually provides benefits covering medical expenses, partial wage replacement, and vocational rehabilitation if you cannot return to your previous job. However, workers’ comp does not compensate for non-economic damages such as pain and suffering or emotional distress. This is why pursuing a third-party claim may be important in certain cases.
Do I Need a Lawyer for a Workers’ Compensation or Third-Party Claim in Luzerne County, PA?
While it’s not legally required, having an experienced third-party claims and workers’ compensation lawyer can significantly improve your chances of success. A lawyer can handle complex paperwork, gather evidence, negotiate with insurers, and represent you in court if necessary. This is especially important if your claim is denied or if multiple parties are involved in your case.
Contact Our Hazleton Third-Party Claims and Workers’ Compensation Lawyer
Please don’t hesitate to reach out to Munley Law to meet one of our incredible personal injury and workers’ compensation attorneys.
Contact us today to schedule your free consultation and learn how we can protect your interests and help you recover compensation.
Robert W. Munley, III
Robert W. Munley, III is a highly regarded and respected workers’ compensation lawyer. Bob has earned numerous accolades during his career fighting for injured workers, including being named to Best Lawyers in America in 2013 and appointed to the 2026 Lawdragon 500 Leading Lawyers in America guide. Bob is also known for being outspoken in helping attorneys fight for workers rights nationwide, taking part in speaking arrangements such as the Pennsylvania Workers Compensation Symposium and the Pennsylvania Workers Compensation Information Distribution Seminar.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 26, 2026
