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Workers’ compensation provides critical financial relief when you get hurt on the job. It pays all of your related medical bills and even lost wages while you rest and recover comfortably at home.

However, this often-mandatory insurance does not cover everything. So, when workers’ compensation is not enough, you may wonder if you have the right to file a third-party claim. Stick with us at Bordas & Bordas to learn the answer to this common question.

Is Filing a Third-Party Claim Worth the Effort?

In Pennsylvania, you have the right to file a third-party claim when workers’ compensation is not enough, and in most cases, it is absolutely worth it. The goal of workers’ compensation is to pay for your economic losses. It does not cover non-economic damages, such as pain, suffering, future loss of income, and mental anguish.

A third-party lawsuit against a negligent party, one that is not your employer, could cover these additional damages. It may even yield a much larger settlement than you recover from workers’ compensation. However, your employer’s insurance provider would be reimbursed for the benefits paid out in your original settlement. Therefore, it is essential to have a trusted legal advisor on your side to protect your interests.

Who Could Be Named as a Third Party?

When workers’ compensation falls short, and you want to hold a third party accountable, they must meet certain criteria. First, the individual or entity cannot be your employer or co-worker. However, an unconnected parts manufacturer in a work-related explosion, for example, could be considered a third party, as would a contractor or another company on a multi-employer work site.

It may be possible for our Bordas & Bordas attorneys to hold a manufacturer responsible for your workplace injuries. The key element in such a case is that we must prove their equipment was defective and directly caused your on-the-job injury.

Start Your Third-Party Claim When Workers’ Compensation Is Not Enough

Sometimes, workers’ compensation does not fully reimburse you for all of your losses after an injury on the job, which is why a third-party claim can be so helpful. However, do not delay. Pennsylvania has strict time limits for filing this type of lawsuit, and you do not want to risk having your claim denied because you waited too long.

It is easy to get your case started now with a free consultation. Contact us at Bordas & Bordas to speak with a member of our skilled legal team who could review the details of your injury and discuss your options when workers’ compensation isn’t enough, and you need to file a third-party claim.