Work Injury Attorney In Lancaster for Third Party Claims

Injuries are possible in any workplace. However, a negligent, reckless or careless third party can cause serious injuries in the safest of workplaces. If you have been injured at work, and your injury was caused by someone other than your employer or a co-worker, you may have a separate claim against the party who caused your injuries.

Known as a third-party claim, this type of personal injury action will overlap with your workers’ compensation claim and could impact your benefits. The claims can be tricky to navigate, so it’s important to consult with a Lancaster work injury attorney.

Over his years of experience, attorney Mike Vanasse has developed a network of personal injury attorneys and injury experts. If you have a third-party claim, he can help you identity the potential issue and get you to the right attorney to help you with your third-party claim.

Contact us as soon as possible to learn more about third-party claims and personal injury cases in a free initial consultation. Send us an e-mail or call us at 717-397-1010 and talk with a Lancaster work injury attorney about your accident. We’ll text you, if you prefer, and we offer assistance 7 days a week.

What is a Third-Party Claim in a Pennsylvania Workers’ Comp claim?

In most workers’ compensation cases, there are two major parties involved: the injured employee and the injured employee’s employer. The workers’ compensation system was designed as a contract system between these two parties in which employees give up their right to bring civil actions against their employers for injuries sustained on the job in exchange for a fixed set of benefits payable to the employee regardless of fault. As a result, employees are barred from pursuing tort claims against their employers except in very limited circumstances.

But not all workplace injuries involve only the employee and the employer. When someone besides those two parties is responsible or partially responsible for the employee’s injury, the employee may pursue an independent claim against that person. This is known as a third-party claim. The workers’ compensation system does not bar injured employees from pursuing civil actions against third-parties who were responsible for their injuries, as the employee is not in an employer-employee relationship with the third party. If you have questions regarding your legal rights and options, contact a Lancaster workers’ comp lawyer.

Unlike workers’ compensation claims, an injured employee must prove that the third-party was at fault for their injuries, which can often be difficult. These types of injures most often are the result of negligence, which requires the injured employee to prove duty, breach, causation, and damages in order to recover. The tradeoff in these cases is that injured employees may recover additional damages in civil actions, such as pain and suffering damages, that are unavailable to workers’ compensation claimants.

How Are Workplace Accidents Caused by Third Parties?

On a typical workday, most employees interact with many individuals who are not their employers or coworkers. For example, sales representatives interact with their prospective clients, while truck drivers interact with other motorists while they are en route to their destinations. Many employees also routinely use instruments manufactured by third parties in the course of their work duties, such as construction workers who use jackhammers, backhoes, steamrollers, etc. Any of these individuals or instruments are capable of causing injury to workers. Most third-party claims typically involve one or more of the following accident scenarios:

• Automobile accidents
• Construction site accidents
• Defective products
• Intentional torts
• Property owner negligence
• Exposure to toxic substances
• Car accidents, truck accidents and other motor vehicle accidents
• Dangerous equipment
• Medical malpractice or other health care-related accidents
• Slip-and-fall accidents at work
• Animal attacks on the job

A Note on Subrogation and How it Affects Your Compensation

In Pennsylvania, employers and their insurance carriers have a right of subrogation to their employees. This means that, if your employer paid workers’ compensation benefits to you after you were injured by a third party, your employer is allowed to recover any amounts it paid to you from any judgment or settlement you receive in a third-party claim. The purpose of subrogation is to prevent injured employees from “double dipping” by recovering for their injuries through both the workers’ compensation system and the civil courts. However, you are permitted to keep any amount of recovery from your third-party claim that is in excess of the benefits you received from your employer.

Contact a Lancaster Work Injury Attorney Today

For more information about pursuing third-party claims for workplace injuries, contact an experienced Lancaster workers’ comp lawyer at Vanasse Law by using our online form or calling us at 717-397-1010.