If you were hurt while working in Pennsylvania, one of the first and most important questions is what kind of claim to file. Do you file a workers’ compensation claim, a personal injury lawsuit, or both? The answer affects how you get your medical bills paid, how much you can recover, and how quickly you get compensated.
At Gieg & Jancula, our attorneys have handled workers’ compensation and personal injury cases for more than 80 years. We regularly coordinate the two types of claims to maximize what our clients recover. Here is what every injured Pennsylvania worker needs to know.
Quick Answer: The Short Version
If your injury happened at work, you almost certainly have a workers’ compensation claim, no matter who was at fault. If a third party (someone other than your employer or coworker) contributed to your injury, you may also have a separate personal injury claim.
You cannot sue your employer directly for most workplace injuries in Pennsylvania because workers’ compensation is the “exclusive remedy.” But you can sue an outside party whose negligence contributed to your injury, and doing so is often the difference between a modest recovery and a life-changing one.
What a Workers’ Compensation Claim Covers
Pennsylvania’s Workers’ Compensation Act provides benefits to employees injured on the job, regardless of fault. Our workers’ compensation attorneys file claims and represent injured workers at hearings and on appeal.
Benefits Available Under Workers’ Comp
- Medical benefits. Reasonable and necessary medical care related to the work injury, paid without out-of-pocket cost to you.
- Wage-loss benefits. Approximately two-thirds of your average weekly wage while you cannot work, subject to statutory caps.
- Specific loss benefits. Additional benefits for the permanent loss (or loss of use) of a body part, disfigurement to the head, face, or neck, and loss of hearing or vision.
- Death benefits. Benefits for surviving spouses and dependents when a work injury causes death.
What Workers’ Comp Does NOT Pay
Workers’ compensation is a no-fault system, and in exchange for guaranteed benefits, it does not pay for:
- Pain and suffering
- Full lost wages (only about two-thirds)
- Loss of enjoyment of life
- Punitive damages
This is where a personal injury claim, when available, can make an enormous difference.
What a Personal Injury Claim Covers
A personal injury claim is a lawsuit against the party who caused your injury. Unlike workers’ compensation, personal injury requires proving fault (negligence), but it also pays for the full range of damages, including:
- All medical expenses (past and future)
- 100 percent of lost wages, not just two-thirds
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- In rare cases, punitive damages
Because pain and suffering can dwarf economic damages in a serious injury case, personal injury recoveries are often significantly larger than what workers’ compensation alone would pay.
The Exclusive Remedy Rule: Why You Usually Cannot Sue Your Employer
Pennsylvania’s Workers’ Compensation Act includes an “exclusive remedy” provision. In exchange for guaranteed no-fault benefits, employees give up the right to sue their employer for most workplace injuries, even when the employer was clearly negligent.
There are narrow exceptions, including intentional harm by an employer, but those cases are rare. For most injured workers, the practical rule is simple: you file workers’ comp against your employer, and you file personal injury against any third party who contributed to your injury.
When You Can File Both: Third-Party Liability
The most valuable workers’ compensation cases are the ones that also involve a third-party personal injury claim. Some common scenarios:
Motor Vehicle Crashes While Working
A delivery driver, sales representative, or contractor who is rear-ended by a negligent driver while working has both a workers’ comp claim and a car accident claim against the at-fault motorist. Same story for a construction worker struck by a passing vehicle at a job site.
Commercial Truck Crashes
When a commercial truck driver is injured by another motorist, or when a worker on the ground is hit by a delivery truck operated by a company other than their employer, a truck accident lawsuit can be pursued alongside workers’ comp.
Defective Equipment or Product
If your injury was caused by defective machinery, tools, or safety equipment, the manufacturer can be sued in a product liability case, even though your employer cannot.
Subcontractor or General Contractor Negligence on a Job Site
Construction workers frequently have third-party claims against other contractors, general contractors, property owners, or equipment operators who were not their direct employers.
Premises Liability
Employees injured on property owned or controlled by someone other than their employer, such as a delivery driver hurt by an unsafe dock, may have a premises liability claim.
How the Two Claims Interact: The Workers’ Comp Lien
If you recover both workers’ compensation benefits and a personal injury settlement or verdict, Pennsylvania law grants the workers’ compensation insurer a lien on the personal injury recovery. In practical terms, the workers’ comp carrier gets repaid (subject to reduction for attorneys’ fees and costs) out of the personal injury recovery for what they paid you.
That may sound discouraging, but it is not. Coordinating these claims correctly still leaves clients with substantially more than they would have received through workers’ compensation alone. An experienced attorney negotiates the lien and structures the recovery to maximize what stays in the client’s pocket.
Deadlines You Cannot Miss
The two types of claims have different deadlines.
- Workers’ compensation. Notify your employer within 21 days of the injury (or as soon as you know it is work related). File a formal claim petition within three years.
- Personal injury. Pennsylvania’s two-year statute of limitations applies under 42 Pa.C.S. § 5524. Different deadlines apply to claims against government entities.
Miss either deadline and you almost certainly lose that claim, no matter how strong it is.
Why Coordinating Both Claims Matters
Handling workers’ comp and personal injury in isolation, without coordination, is a common and expensive mistake. An attorney who handles only one side of the equation may make decisions that hurt the other. At Gieg & Jancula, we regularly coordinate both claims from day one, which allows us to:
- Preserve evidence usable in both proceedings
- Sequence medical treatment and evaluations to strengthen both cases
- Negotiate workers’ compensation liens to minimize the impact on the personal injury recovery
- Structure settlements to protect ongoing benefits and Medicare interests
Our case results reflect the value of that coordinated approach.
Frequently Asked Questions
Can I be fired for filing a workers’ comp claim in Pennsylvania?
Retaliating against an employee for filing a workers’ compensation claim is illegal in Pennsylvania. If you were fired shortly after reporting an injury or filing a claim, you may have a wrongful discharge case in addition to your workers’ comp claim.
Do I have to accept the doctor my employer’s insurer picks?
For the first 90 days after your injury, if your employer posted a list of designated providers, you must generally use one of them for the injury to be covered. After 90 days, you can see the doctor of your choice.
How do I know if I have a third-party claim?
If anyone other than your employer or coworker contributed to your injury (a negligent driver, a subcontractor, a property owner, an equipment manufacturer), you likely do. An experienced attorney can review the facts and identify potential third-party defendants. Consultations at Gieg & Jancula are free.
Talk to a Pennsylvania Work Injury Attorney Today
If you were hurt on the job in Pennsylvania, do not leave money on the table by filing only a workers’ comp claim when a third-party personal injury case is also available. Call Gieg & Jancula at 814-946-1606 or reach us through our contact page for a free consultation. No fees unless we win.