Workers’ compensation vs. personal injury: which lawyer do you need? They might seem alike at first, but personal injury claims and workers’ compensation claims work in very different ways when it comes to covering your treatment and lost income. Which one applies to you depends on how your injury happened, where it occurred, and who is responsible. Fortunately, the personal injury attorneys at Munley Law are also workers’ compensation lawyers, so we can help you through the process of filing either type of claim.
Your workers’ compensation lawyer with Munley Law will walk beside you through the process so you know what to expect, what steps to take next, and how to protect what matters most to you.
There is no fee unless we win your case.
Deciding Between a Workers’ Comp vs. Personal Injury Claim After an Injury
Choosing between a workers’ compensation claim and a personal injury claim starts with looking at where and how you were hurt. In many cases, the answer is clear, but some situations allow you to pursue both types of claims simultaneously. Learning how workers’ comp vs. personal injury works can help you get the right benefits.
Can I sue my employer in PA?
In most situations, you cannot sue your employer for a work-related injury in Pennsylvania.
The “exclusive remedy doctrine” is a rule in Pennsylvania that directs most work injury cases into the workers’ compensation system. If you are hurt on the job, this means your benefits will come from workers’ comp rather than through a lawsuit against your employer.
The purpose of this system is to create a straightforward way for injured employees to get medical care and partial wage replacement without having to prove fault. Employees generally cannot sue their employer for additional damages related to a workplace injury.
Third Party Claims for Workplace Injuries
If someone other than your employer caused your work-related injury, you may be able to file a personal injury lawsuit against that person or business through a third-party liability claim. Common examples include being hit by a careless driver while making deliveries for work, or being hurt by defective equipment supplied by another company. Depending on the circumstances of your injury, you may be able to pursue this kind of claim while also receiving workers’ comp benefits.
Our team at Munley Law knows how to build a workers’ compensation claim while also preparing a strong personal injury case. This dual approach can allow you to recover medical costs, wage benefits, and additional damages such as pain and suffering that workers’ comp alone does not cover.
Are you an Employee or Independent Contractor?
Employee or independent contractor status plays a big part in whether you can access workers’ compensation. Employees generally qualify for benefits after a work injury, while independent contractors normally do not.
However, being labeled a contractor on paper is not always the final word. If the working arrangement meets the legal definition of an employee relationship, you may still qualify for workers’ comp. If you truly are an independent contractor, you may need to rely on a personal injury claim to seek payment for medical bills, lost income, and other damages.
When You May Be Able to File Both Types of Claims
In some work injury cases, you may be able to pursue both a personal injury and workers’ compensation claim. These situations happen when the law allows overlapping remedies for the same injury. The exceptions are narrow, however, and they require a detailed review of how the injury occurred and who may be responsible. Possible exceptions include:
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Defective product claims
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Premises liability incidents
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Vehicle collisions during work travel
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Subcontractor negligence
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Assault in the workplace
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Failure to maintain safety equipment
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Chemical exposure from third parties
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Public property hazards
In practice, these exceptions let you collect workers’ compensation benefits while also pursuing damages in civil court. The Pennsylvania Workers’ Compensation Act, 77 P.S. § 481, contains the exclusive remedy provision that limits most cases to workers’ comp, but it also identifies the circumstances that make a second claim possible.
Exceptions for Intentional Torts
Workers’ compensation laws are designed to cover most work-related injuries regardless of fault, but they do not protect an employer from liability if they intentionally cause harm. Intentional tort exceptions apply when you can prove that your employer acted with the specific intent to injure you. This is a higher standard than negligence and requires clear evidence of deliberate conduct.
If this exception applies, you may have the right to bring a personal injury lawsuit against your employer in addition to collecting workers’ compensation benefits. These claims can include situations involving physical assault, deliberate removal of safety devices, or other purposeful actions that put you in harm’s way.
How Benefits and Compensation Differ Between the Two Claim Types
Workers’ compensation and personal injury claims can both help you recover money after an injury, but they work in different ways. Workers’ comp pays for your medical care and two-thirds of your average weekly wage (up to a state-defined maximum) in Pennsylvania. Personal injury claims, on the other hand, can compensate you for your economic as well as non-economic losses like pain and suffering.
However, it is also important to note that the claimant’s burden is higher in a personal injury claim than in a workers’ comp claim. In a personal injury case, the plaintiff must prove that the at-fault party was negligent and that this negligence caused them to suffer damages. In a workers’ comp claim, you do not have to prove fault or that your employer was negligent, only that you were injured while performing your job duties.
An experienced attorney at Munley Law can review the details of your situation and help you determine the best course of action.
Subrogation and How It Affects Your Settlement
If you receive workers’ comp benefits and later win money from a third-party case, the workers’ comp insurer may have the right to take back some of what they paid you. The process is called subrogation, and it is meant to prevent you from being paid twice for the same expenses.
Under 77 P.S. § 671, the insurer can collect that reimbursement directly from your settlement. Even so, a well-handled claim can still leave you with extra compensation beyond what workers’ comp would have provided on its own.
Coordinating Benefits When Multiple Payers Are Involved
Some injuries trigger more than one source of payment. You might have workers’ comp paying part of your bills, private health insurance covering other costs, and liability insurance from the person who caused the accident stepping in as well. When all of these overlap, it can get complicated.
If any insurer drags its feet or denies payment without a good reason, that could be a sign of bad faith insurance practices. Knowing the right coordination of benefits so they work together can mean the difference between staying afloat and struggling to cover basic expenses while your claim is still in progress.
Considering Non-Economic Damages in Personal Injury Claims
Workers’ comp is limited to financial losses, but personal injury cases can include non-economic damages that cover the ways your life has changed since the injury. This might include pain and suffering, losing the ability to enjoy your usual activities, or the emotional toll of the accident.
These losses affect you in ways that are hard to measure, so we need clear examples and support to demonstrate their full impact. When proven, they can add significant value to a personal injury case compared to what workers’ comp benefits can provide.
Procedures for Pursuing Each Type of Claim in Pennsylvania
The workers’ comp administrative process for filing a claim is not the same as taking a personal injury case to court. Each one has its own set of steps, deadlines, and rules, and it helps to know what you are walking into before you start. Having someone who knows both processes inside and out can make the road ahead a lot less stressful. Key procedural differences include:
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Reporting timelines
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Filing forms
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Choosing medical providers
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Hearing procedures
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Settlement negotiations
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Appeals
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Mediation
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Civil discovery
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Jury trials
No matter which type of claim you file, there will be forms to complete and evidence to gather. In Pennsylvania, 77 P.S. § 717.1 sets the statute of limitations for workers’ comp claims (usually 3 years), which means waiting too long could cost you benefits. If your injury is serious, like a head trauma from an accident at work or on the road, a brain injury lawyer from our firm can help you stay on top of the details so you can focus on feeling better while your case moves forward.
Connect With Your Workers’ Compensation Attorney at Munley Law Today
If you were hurt at work and are unsure which claim is right for you, we can explain how each one works to help you make an informed decision. Meeting with your workers’ compensation lawyer from Munley Law gives you space to ask questions and talk through what matters most to you. When you are ready, contact us, and we will go over your situation together to figure out the best way to access your benefits.
