If you have suffered an injury on the job, you may be wondering how you can recover compensation for the harm you have suffered. While a work-related injury that is reported to your employer within 120 days is eligible for workers’ compensation benefits, you may be able to recover through a personal injury claim as well.
While some states will not allow you to file a workers’ comp claim at the same time as suing a third-party, Pennsylvania does permit you to pursue both at the same time. To file both a workers’ comp and personal injury claim, you must be injured at work, and a third party must have caused your injury. To learn more about which avenue or avenues you should pursue, do not hesitate to contact our Franklin County personal injury lawyers.
Examples of When You Can File a Workers’ Comp and Personal Injury Claim
The following are examples of when people may end up filing both a workers’ comp and personal injury claim in Pennsylvania:
- You work as a nursing aid and slip on a broken step at your patient’s home. While you may file a workers’ compensation claim for your medical bills and lost wages, you may also file a slip and fall claim against the homeowner.
- You are hit by a distracted driver while running errands for work. While you are eligible to collect workers’ comp, you may also file a personal injury claim against the at-fault driver.
- You are operating a crane lift when the equipment malfunctions, causing you to be thrown from the lift. You suffer serious injuries, requiring multiple surgeries, hospitalizations, and rehab. The malfunction turns out to be a manufacturing defect, allowing you to sue the manufacturer while simultaneously collecting workers’ comp benefits.
Timeline for Filing a Workers’ Comp versus Personal Injury Claim
Under the Pennsylvania workers’ compensation law, you must report your work-related injury within 120 days to remain eligible for benefits. However, it is best that you report your work injury within 21 days to ensure prompt payment of benefits. If you are unable to work for at least 14 days, then benefits will apply retroactively for the first seven days of work missed due to your injury.
In contrast, you must file a personal injury suit within two years of the date of injury in Pennsylvania. Although there are limited exceptions, you risk being barred from recovery if you file after the two-year deadline. An exception applies under the discovery rule, which states that the two-year timeline begins once you discover or should have become aware of your injuries. If you believe that an extenuating circumstance applies, you should speak with our legal team.
Impact of Filing Both a Workers’ Comp and Personal Injury Claim
While workers’ compensation can provide reimbursement for medical bills and lost wages, it does not cover pain and suffering and other intangible losses. However, workers’ compensation will only reimburse you for a portion of lost wages (approximately 66 2/3%). This is based on a tiered scale, with lower-income earners receiving greater wage reimbursement and higher-income workers being subject to a statutory maximum. Both workers’ compensation and personal injury claims allow you to recover full medical costs.
If you recoup lost wages and medical bills in a personal injury claim while also collecting workers’ comp, your workers’ compensation carrier may ask to be reimbursed. This is known as subrogation. In this situation, you will be required to sign a Third-Party Settlement Agreement.
While it may seem counterintuitive to pay money back to the workers’ compensation carrier, you may receive greater compensation waiting for a personal injury claim settlement than just pursuing a workers’ comp claim alone. To ensure that you are receiving maximum damages, you should speak with our Franklin County personal injury lawyers.
Speak with Our Franklin County Personal Injury Lawyers Today
If you have been injured while performing work duties, you deserve to be compensated fully for your medical bills, lost wages, and pain and suffering. A workers’ comp claim will only cover a portion of lost wages, making it difficult to stay afloat financially. Thankfully, our Franklin County personal injury attorneys are dedicated to advocating for your rights, no matter which legal means are needed to get there. To schedule a free consultation to discuss your matter, contact Shollenberger Januzzi Wolfe today online or by calling (717) 229-6580.