Is My Workplace Injury A Workers' Compensation Claim Or A Personal Injury Claim?

If you are injured at work, you may be eligible to receive compensation and benefits under Pennsylvania's workers' compensation laws. Workers are covered for injuries that occur as the result of workplace accidents

How Workers’ Compensation Helps Those Injured On The Job

Pennsylvania's workers' compensation laws are an absolute remedy for employees who are injured on the job. This means that you cannot sue your employer for a workplace injury even if your employer was to blame for the accident. While this may seem unfair, workers' compensation laws protect workers who are injured by providing medical care and other benefits even if the employee caused the workplace accident. Only in very rare circumstances is an employee permitted to sue the employer for a workplace injury (i.e. the employer acted intentionally to hurt the employee).

Workers' compensation will pay for your medical expenses and provide financial support while you are out of work. However, workers' compensation does not compensate you for all of your losses. In a personal injury claim, you would be entitled to receive compensation for all of your lost wages but workers' compensation only pays you 2/3 of your average weekly wage while you are out of work. Furthermore, workers' compensation does not pay compensation for physical pain and emotional suffering either. If you are hurt at work, you will be limited in what you are entitled to receive under workers' compensation.

When Can A Workplace Injury Be A Personal Injury Claim?

In some cases, you may be able to sue a third party for a workplace injury. While you cannot sue your employer, you can sue a third party if that party is responsible for your injury. This does not typically apply to co-workers. Situations that might give rise to a personal injury claim in addition to a workers' compensation claim include:

  • Being involved in a car crash caused by another driver while you were driving for work.
  • Being injured by a tool or product you were using for your job that is defective.
  • Being injured by a negligent sub-contractor whose negligence caused your injury and who is not your employer.

Filing a personal injury lawsuit can provide additional compensation that is unavailable to you with a workers' compensation claim. Determining if you have a personal injury claim or a workers' compensation claim is vital to maximizing the amount of compensation you are entitled to receive.

Because our attorneys have experience handling workers' compensation and personal injury claims, you are receiving comprehensive legal representation with one attorney. We will conduct a thorough investigation into the facts and circumstances surrounding your injury to determine the best course of action to maximize your recovery.

Contact the experienced workers' compensation attorneys of Handler, Henning & Rosenberg LLC to schedule a free consultation. We want to help you recover the compensation you are entitled to receive for a workplace injury including filing a third party complaint if applicable.

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