Third-Party Claims for Workplace Injuries

When you have been hurt on the job, your first course of action will typically be to file a workers' compensation claim. In some instances, it may be your exclusive remedy, which means that you must seek all compensation for any physical or financial loss through the workers' compensation process. That's how the workers' compensation laws are set up—the so-called "grand bargain" designed to benefit workers and employers alike for workplace injuries. There are, however, situations where you can choose to pursue legal action in a court of law. The workers' compensation laws are designed to address only the carelessness or negligence of your employer or a co-worker. Accordingly, if your injuries are caused by an unrelated "third party," you are not limited to pursuing those losses through a workers' compensation claim. A third party may be anyone other than your employer or a co-employee who contributes in any way to your loss or injury, including:

• The manufacturer or designer of a tool, machine or piece of equipment that causes injury
• The driver of a motor vehicle who causes you injury (provided the driver is not your employer or a co-worker)
• The owner of property adjacent to your workplace who fails to maintain property

There are advantages and disadvantages to filing a civil lawsuit, however. With a workers' compensation claim, there's a specific dollar amount that you can recover—in a civil action, the amount of damages is determined by the jury. With a workers' compensation claim, if approved, you can start receiving benefits within a few weeks. A civil action may take months or years to get to court, and then the verdict may be subject to appeal.

Contact Metzger & Kleiner

At Metzger & Kleiner, a workers' compensation attorney will offer a free initial consultation to every client. For an appointment, contact our office online or call us at 215-567-6616 in Philadelphia, 610-435-7400 in the Lehigh Valley, or toll free at 866-847-4170. We take all personal injury claims on a contingency basis. We will only bill you attorney fees if we recover compensation for your losses.