Workers’ Compensation and Third-Party Claims: What You Need to Know.

Workers’ Compensation was created to protect employees and employers in the event of a work-related accident. Workers’ comp allows the employee to receive medical treatment as well as seek compensation for any wages lost due to a work-related injury. An employee can consult with a workers’ compensation attorney to file a comprehensive claim.

When to Pursue a Third-Party Claim

Under Pennsylvania’s workers’ compensation laws, employer-provided insurance is often an employee’s only option for compensation to cover their medical treatment and lost wages. However, in some cases, a third-party claim may be pursued.

A third-party claim is a personal injury claim that a person can pursue after suffering an injury due to someone else’s negligence. Car accidents, slip-and-fall accidents, and product liability claims are just a few examples of the types of claims a person can file against the third party responsible for their injuries. A personal injury lawyer can then review the claim before the person files it to ensure they have accounted for all the damages to which they are entitled.

For example, if you were injured on the job due to a piece of defective machinery, you should be able to collect workers’ compensation from your employer. You can also choose to pursue a third-party claim against the company that manufactured the defective equipment that was ultimately responsible for causing you injury.

Pain and Suffering Is Not Covered by Workers’ Compensation

Although workers’ compensation may cover medical bills and a loss of wages, it does not cover damages related to pain and suffering. For this reason, it is always a good idea to file a third-party claim for a workers’ compensation injury even if you have an active workers’ compensation claim.

The term “pain and suffering” refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that can come with suffering an injury. Because every workers’ compensation case is different, the compensation you can receive for pain and suffering depends largely on the details concerning what happened in your particular case.

Contact Us for Help Recovering Compensation After a Workplace Accident

If you suffered an injury while on the job, contact the experienced attorneys at Berger and Green for help with seeking compensation for your damages. Call Berger and Green today to schedule a free consultation with a workers’ compensation lawyer in Pittsburgh.

Source: PA. GOV, “WC Act Landing Page.”