Philadelphia Workers Comp Lawyers
Suing a Third Party
Under the workers' compensation system, you agree not to sue your employer in exchange for the right to collect workers' compensation benefits -- payment of medical bills and reduced wages while you are recovering from your injuries. That means you cannot sue your employer directly, under most circumstances. However, there are a few situations in which you may still sue your own employer, as well as situations when you might be able to sue a third party in Pennsylvania who caused your injuries.
The most common scenario where you can file a lawsuit is the last one. A third party is any person or organization that is not your employer or a co-worker, such as a manufacturer of defective equipment or the driver of a car that hit you while you were at work. You are free to sue this party while also collecting workers' compensation benefits. However, you cannot recover any money in Pennsylvania if a jury believes you were more than 50% at fault for your injuries.
You might also be able to sue your employer while receiving work comp benefits if your employer retaliates against you for making a claim. Retaliation is any action taken against you for making a claim, including demotion, reassignment to less desirable work, loss of hours and other actions that harm you. This sort of behavior is illegal, and your employer either knows it or should know it. You could also sue your own employer if it doesn't have workers' comp insurance or self-insurance. This is rare, and may also cause an investigation by the state Bureau of Workers' Compensation. You may still be able to collect benefits from a state fund set aside for this purpose.
And of course, you may sue your employer over a denied claim once you have fought your way through the Pennsylvania workers' compensation claim system. That is, you must file a claim with the state Bureau of Workers' Compensation, and attend two or more hearings where your claim is denied, before you can go to court. A Pennsylvania workers' compensation law firm can help you with this -- but more importantly, it can help you avoid having to do this, by negotiating on your behalf with your employer and its insurance company for an out-of-court settlement.
At Cherry Fieger & Marciano, our goal in every workman's comp case is to help our clients get the benefits they're entitled to without having to fight red tape and hostile insurance companies. If you're already hurt and losing your income, every day counts. We work exclusively with injured Pennsylvanians, so we know you have a lot on your mind. Our goal is to take the burdens of your Philadelphia workers' comp case away and let you concentrate on getting better, while keeping you well-informed about your case's progress.
If you were hurt at work and want to know more about your options regarding suing a third party in Philadelphia, we encourage you to contact Cherry Fieger & Marciano for a free consultation. At this meeting, we learn more about your case and give you a professional opinion backed by many years in Pennsylvania injury law. You can reach us at (888) 684-7192, or click here to fill out our confidential case evaluation form.