If you are injured at or as a result of your job in Pennsylvania, you may be entitled to workers’ compensation or Social Security Disability Insurance to cover lost wages and medical bills. The downside of these benefits is that they are usually capped and compliance with fairly rigid and formulaic system is required. This may limit your ability to fully recoup the losses you have suffered due to a workplace accident.
Although the law does not allow a suit against an employer if the injured worker is applying for workers’ compensation benefits, it does not prevent the filing of a lawsuit against a non-employer third party who may bear responsibility for the accident. For example, someone may be injured at their job due to poorly trained delivery personnel employed by another organization or faulty equipment not manufactured by their own employer. Accordingly, if you have been harmed due to the actions of a person or entity other than your employer, you may have the right to pursue parallel remedies.
Although workers’ compensation and SSDI may be able to completely cover lost wages and medical expenses incurred due to an accident, there are situations where filing a personal injury suit may provide a more beneficial outcome. With a personal injury suit, damages are determined either by negotiations with the defendant or at trial, and these are often not nearly as limited.
The laws concerning the pursuit of remedies over and above what might be covered by a workers’ compensation claim are complex, and we understand if you may have questions on how to proceed. In that regard, we have provided more information about the services we can provide you on our workplace accident page.