Can You File a Lawsuit and Worker’s Comp at the Same Time?
Yes, in many cases you can file a workers’ comp claim and pursue a separate lawsuit if someone other than your employer contributed to your construction site accident.
This is called a third-party claim, and it exists alongside your workers’ comp benefits rather than replacing them. The two aren’t mutually exclusive.
If you got hurt on a job site and you’re wondering whether workers’ comp is really all you’re entitled to, it’s worth digging deeper before assuming that’s your only option.
Our workers’ compensation team can help you figure out if a third party played a role in what happened to you.
Why Workers’ Comp Alone Might Not Be Enough
Workers’ comp covers your medical bills and a portion of your lost wages, but it stops there.
It doesn’t cover pain and suffering. It doesn’t fully compensate for lost future earning capacity if your injury changes what kind of work you can do long term.
That gap is exactly where a third-party claim comes in. If someone besides your employer contributed to your accident, that additional claim can cover what workers’ comp leaves on the table.
Who Can Be Held Liable Besides Your Employer?
Construction sites involve a lot of moving parts, and often a lot of different companies working side by side.
General contractors, subcontractors, equipment manufacturers, property owners, and even architects or engineers can all potentially bear responsibility depending on what caused your injury.
Think about it this way. If a scaffolding company installed defective equipment that collapsed, that’s on them, not your employer. If a subcontractor’s careless work created a hazard that injured you, that subcontractor could be liable. If a piece of machinery malfunctioned because of a manufacturing defect, the manufacturer enters the picture too.
What Types of Construction Accidents Commonly Lead to Third-Party Claims?
Certain accident types show up again and again in third-party cases:
- Falls from scaffolding, ladders, or unfinished structures
- Equipment malfunctions or defective tools
- Falling debris or materials from another contractor’s work area
- Electrocutions from improperly maintained wiring
- Vehicle or crane accidents on site
If your accident fits one of these patterns, there’s a real chance someone beyond your employer bears some responsibility.
How Does a Third-Party Claim Work Alongside Your Workers’ Comp Case?
These two claims run on separate tracks, and they work differently.
Workers’ comp doesn’t require proving anyone was at fault. You get benefits regardless of how the accident happened, as long as it occurred on the job. A third-party claim is different. It requires showing that another party’s negligence caused or contributed to your injury.
One thing to know upfront: your workers’ comp insurer often has a right of subrogation, meaning they may be entitled to recover some of what they paid out from your third-party settlement. An attorney can walk you through exactly how that plays out in your specific case.
What Compensation Can You Recover in a Third-Party Construction Claim?
A third-party claim opens the door to damages workers’ comp simply doesn’t cover.
That includes pain and suffering, your full lost wages rather than the partial amount workers’ comp provides, and loss of future earning capacity if your injury has long-term effects. In cases involving extreme recklessness, punitive damages may come into play as well.
Get Full Compensation with RG Injury Law in Lancaster, PA
Construction accidents can leave you dealing with more than workers’ comp alone can fix, and you deserve to know every option available to you.
RG Injury Law has spent over two decades helping injured Pennsylvania workers pursue full compensation, all on a no-fee-unless-we-win basis.
Reach out to RG Injury Law today for a free case review at 717.656.5000.
FAQs: Third-Party Claims for Construction Accidents in Pennsylvania
Can I sue my employer directly for a construction accident?
Generally no, workers’ comp is typically your exclusive remedy against your employer, but third parties can still be held liable separately.
Does filing a third-party claim affect my workers’ comp benefits?
Filing itself doesn’t stop your benefits, though your workers’ comp insurer may recover some costs through subrogation once a third-party settlement is reached.
What if multiple parties share fault for my accident?
Pennsylvania allows claims against multiple liable parties, and compensation can be divided based on each party’s share of responsibility.
How long do I have to file a third-party construction injury claim in Pennsylvania?
You generally have two years from the date of the accident to file a third-party personal injury claim.
Do I need a different lawyer for the third-party claim?
Not necessarily. Many workers’ comp attorneys, including our team, handle both the workers’ comp claim and the related third-party case together.
