Can a Workers’ Compensation Insurance Company Sue a Third Party If the Injured Worker Does Not Participate?

An injured worker received workers compensation benefits.  The Workers’ Compensation insurance company believed that the work injury was caused by a third party.  If an injured worker brings a case against a third party, the Workers’ Compensation insurance company has a right to get their money back.  But what if the injured worker does not bring a claim against a third party.  Can the Workers’ Comp insurance company sue the third party directly?  The Pennsylvania Superior Court recently held that a Workers’ Compensation company cannot sue a third party without the injured worker’s assignment of their right to do so.  See Liberty Mutual v. SAC, Inc., No. 483 WDA 2014 (Pa. Super Oct. 18, 2015).

The Lancaster workers compensation lawyers at Rankin and Gregory handle both workers compensation and personal injury cases.  They advise their clients of all of their rights on both types of cases and how they interact with each other.


RG Injury Law Resource Center