Workplace Lawyers in Philadelphia for Third Party Claims

A third party claim occurs when an employee working at his assigned job duties is injured by a third party who has little or no connection to the employer’s business.  When an on-duty employee is injured by an independent third parties, s/he can normally file a workers’ compensation claims with their employers’ insurance companies AND also file a separate third-party negligence claims against the person or entity who caused the injuries.

If the employee receives a settlement or verdict against the third-party, under Pennsylvania law s/he is required to reimburse the workers’ compensation insurance company for the benefits s/he received. The employee can keep the remainder, for example payments for pain and suffering or punitive damages that were not covered in worker’s compensation matter.

Example: Delivery Man Hit by Texting Driver

A delivery man on his delivery route gets intensely rear-ended by a texting driver and is seriously injured. The delivery man can collect workers’ compensation benefits and also pursue a personal injury claim against the driver.

The workers’ compensation insurance will only cover medical benefits and partial wage reimbursement. The settlement or verdict against the third-party will likely include medical bills, out-of-pocket expenses, full lost wages, and compensation for pain and suffering. After reimbursing the workers’ compensation insurance company for the amount he received for medical expenses and the partial wage reimbursement, the delivery man can keep the remaining amount from the third party.