The expertise of a third-party claims and workers’ compensation lawyer in Pittsburgh becomes critical when a workplace injury involves more than just your employer. At Munley Law Personal Injury Attorneys, we help injured workers pursue every available path to full financial recovery.
If someone other than your employer contributed to your injury, you may qualify for additional compensation beyond workers’ comp. That difference can significantly impact your long-term financial stability.
With nearly seven decades of experience, Munley Law Personal Injury Attorneys has earned national recognition, including listings in Best Lawyers, Super Lawyers, and the Multi-Million Dollar Advocates Forum. We’ve secured millions in verdicts and settlements for injured workers across Pennsylvania.
Our Pittsburgh third-party claims and workers’ compensation lawyers investigate every case thoroughly to determine whether a third-party claim can strengthen your recovery and hold all responsible parties accountable. Contact us for a free consultation today.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 What is a Third Party Claim?
In the event of a workplace injury, you are the first party, and your employer or coworker is the second party. In many workers’ compensation cases, these are the only two parties involved. But in some cases, a third party enters the fold, and in these cases, it is possible to file a personal injury suit.
A third party, in this context, is anyone aside from you and your employer. If this third party, whoever they may be, causes or participates in your workplace injury or illness, you may file a personal injury suit against them.
For instance, if an industrial worker is injured by a faulty piece of machinery in their workplace, they can most likely recoup workers’ compensation benefits, but they can also file a personal injury suit against the machinery manufacturer for creating or supplying unsafe or damaged machinery. Another example would be a truck driver who is on the road on company time and is T-boned by another driver. The truck driver can receive workers’ compensation from their company, but can also file a third party claim against the driver who caused the accident.
When Can You File a Third-Party Claim Alongside Workers’ Compensation?
In order to file a successful third party claim, you and your lawyer will need to be able to prove that the third party, whether an entity or an individual, is directly responsible for your accident and injuries. This inherently makes filing a third party claim more complex than filing for workers’ compensation.
In Pittsburgh and the state of Pennsylvania as a whole, workers’ compensation functions on a “no fault policy”, which means you do not need to prove your employer was responsible for your workplace injury in order to receive workers’ comp benefits.
How Do You Prove Liability in a Third-Party Injury Claim?
In order to prove liability and have a successful claim against a third party, there are a few standards of proof that you and your lawyer must meet. You must prove that:
- The third party owed you a duty of care
- The third party breached this duty of care
- This breach of care directly caused your accident, injuries, or disease
- Your injuries require financial compensation
This can seem like an overwhelming set of standards to meet, but that’s where your Munley Law Personal Injury Attorneys third party claims and workers’ lawyer comes in. We are experts at handling these cases and will be by your side every step of the way to ensure the best outcome possible. Our attorneys and legal team have decades of experience handling similar cases, so don’t hesitate to reach out. Contact our workers’ compensation lawyer today for a free initial consultation.
What Compensation Can You Recover from Workers’ Comp vs. a Third-Party Claim?
Generally, workers’ compensation provides coverage for lost wages, medical bills, and vocational rehabilitation. Regarding lost wage benefits, most people receive a weekly check equal to approximately two-thirds of their pre-injury salary, capped currently 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 Pittsburgh workers’ comp attorney at Munley Law Personal Injury Attorneys 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. This number will depend on the extent of your injuries, your lost wages, your pain and suffering, changes to lifestyle, and more. You can speak to your workers’ compensation 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 Munley Law Personal Injury Attorneys’ Pittsburgh Workers Compensation Lawyers 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 when you try to seek compensation alone. Allow the workers’ comp attorneys at Munley Law Personal Injury Attorneys to navigate the legal system for you so that you can focus on your recovery and getting back to your work and your life.
At Munley Law Personal Injury Attorneys, 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.
But we are committed to fighting for you at every turn, and we have an exceptional track record to prove that you can rely on us. Our incredible team consists of ten highly experienced lawyers and dozens of legal support staff whose singular goal is to protect your rights. All of our highly qualified workers’ compensation lawyers have years of hands-on trial experience, which many personal injury attorneys and firms cannot offer.
Frequently Asked Questions About Third-Party and Workers’ Compensation Claims in Pittsburgh
Can I File a Third-Party Claim and Workers’ Compensation at the Same Time?
Yes, you can pursue third-party claims and workers’ compensation simultaneously if a third party contributed to your injury. Workers’ compensation provides immediate benefits regardless of fault, while a third-party claim allows you to seek additional damages like pain and suffering. These claims operate separately but may impact each other financially. An experienced attorney ensures both are handled strategically.
What Types of Third Parties Are Commonly Involved in a Workplace Injury Case?
Third parties include equipment manufacturers, subcontractors, property owners, or negligent drivers. For example, defective machinery or unsafe premises often lead to third-party liability claims. These cases are especially common in construction, transportation, and industrial settings. Identifying all liable parties is key to optimizing compensation.
Does Filing a Third-Party Claim Affect My Workers’ Compensation Benefits?
You will still receive workers’ compensation benefits, but there may be a reimbursement obligation if you win your third-party case. This is known as a subrogation lien under 77 P.S. § 671. However, a proper legal strategy can reduce how much you must repay. A lawyer helps protect your net recovery.
How Long Do I Have to File A Third-Party Claim?
Third party claims are subject to the same two year statute of limitations under 42 Pa. C.S. § 5524 as other personal injury claims in Pennsylvania. You should always seek to start the process as early as possible to avoid the spoliation of potential evidence.
What Damages Are Only Available in Third-Party Claims?
Unlike workers’ compensation, third-party claims allow recovery for pain and suffering, emotional distress, and full lost wages. You may also recover loss of future earning capacity and loss of enjoyment of life. These damages often significantly increase total compensation. That’s why identifying third-party liability is so important.
Do I Need a Lawyer to Handle Workers’ Comp and Third-Party Claims?
While not legally required, handling both workers’ comp and third-party claims without legal representation is risky. Third-party claims involve proving negligence, which requires evidence, expert testimony, and legal strategy. Insurance companies actively work to minimize payouts, but a skilled attorney levels the playing field.
Can Independent Contractors File Third-Party Claims in Pittsburgh?
Yes. Independent contractors are often eligible to file third-party claims even if they don’t qualify for workers’ compensation. These claims may be their primary path to recovery. Liability depends on who caused the injury. Legal evaluation is essential in these cases.
Contact Our Pittsburgh Workers’ Comp Lawyers Today
Don’t hesitate to reach out to Munley Law Personal Injury Attorneys 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.
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.
