This page covers the claim most injured workers never hear about. Workers’ comp — our comp practice handles that system — pays regardless of fault but excludes pain and suffering and caps wage recovery. When anyone other than your employer caused the injury, a separate lawsuit recovers everything comp doesn’t. Serious work injuries support both at once, and leaving the second claim unexplored is how injured workers subsidize someone else’s negligence.
Who the ‘Third Party’ Usually Is
- Drivers — anyone whose work puts them on the road (delivery, trades, sales) hurt in a crash on the clock has both claims almost by definition.
- Other companies on multi-employer sites — the construction scenario: GCs, other subs, and site controllers with OSHA-framed duties.
- Equipment makers — machine guards removed by design economics rather than by you: product liability.
- Property owners — service and delivery workers hurt by premises hazards at customer locations.
Running Both Tracks Without Tripping Either
The comp carrier holds subrogation rights against the lawsuit — coordination between the claims (what’s claimed where, how liens resolve) determines what you actually keep, and it’s precisely the work of handling both under one roof. Benefits run through the PA system; the lawsuit through the courts; our post on suing over employer negligence covers the narrow exceptions on the employer side.
Frequently Asked Questions
How do I know if a third party was involved in my injury?
Ask who owned, made, or controlled the thing that hurt you — if any answer isn’t ‘my employer,’ the analysis is worth a free hour. Most workers assume ‘work injury = comp only’ and most serious ones aren’t.
Will the lawsuit jeopardize my comp benefits?
No — the systems coexist by design. The coordination issue is the comp lien against your recovery, which is managed, negotiated, and factored into every settlement decision we make with you.
My employer says pursuing the equipment maker will ’cause problems.’ Can they stop me?
The third-party claim is your right, not your employer’s decision — and retaliation for exercising work-injury rights is unlawful. Document any pressure and bring it to the consultation.
How long do I have to file?
Generally two years under Pennsylvania law — with a six-month written-notice requirement for claims against government entities and special rules for minors and late-discovered injuries.
What does hiring you cost?
No attorney’s fee unless we recover for you; the contingency percentage and case-cost handling are in the written fee agreement you review before signing. Consultations are free.
Ready to talk about your case? Call (215) 464-4600 or contact us online for a free, confidential consultation — contingency fee, no attorney’s fee unless we recover, costs explained in the written fee agreement.