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3rd Party Liability in a Non-subscriber Case

Personal Injury Lawyers » 3rd Party Liability in a Non-subscriber Case

Claims Involving Defendants Other Than Your Workers’ Comp Non Subscriber Employer

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Suppose your employer has elected not to participate in Pensilvania’s workers’ compensation program, and you’ve been injured on the job due to someone else’s negligence (including fellow employees). In that case, you may be able to recover compensation for your injuries by filing a third-party work injury claim against your employer. More information here
Suppose a negligent third party caused your workplace injuries, and your employer is a nonsubscriber. In that case, our attorneys may be able to help you recover the compensation from the responsible party that you deserve. Our attorneys have represented injured workplace accident victims throughout the state of Pennsylvania for more than 20 years and may be able to put the full force of their experience, skill, and techniques they’ve accumulated over their years of practice to work for you.

What is a Third Party for the Purposes of Pennsylvania’ Workplace Injury Laws?

For the purposes of a work injury claim, a third party is any party that causes an employee to suffer harm but is not the employer. For example, the company that owns and/or operates a hotel is a third party for the purposes of Pennsylvania’s workplace injury laws when a traveling salesman staying in the hotel for work slips and falls in the hotel’s lobby. Although the salesman was acting in his capacity as an employee when he was injured, his injuries were solely the result of a negligent third party – whoever owns and/or operates the hotel.

Another example of a negligent third party under Pennsylvania’s workplace injury laws is a scaffolding rental company that causes a construction accident because the scaffolding was improperly assembled. In this scenario, the injured construction worker will have a claim against the negligent third-party scaffolding rental company and any claims he may have against his employers.

How Recovering for Your Injuries Works When Your Employer Subscribes to the Pennsylvania Workers’ Compensation Program

If your employer has elected to not subscribe to Pennsylvania’s workers’ compensation program (which, if you’re reading this article, they presumably have), your claims are different than those if your employer has elected to participate. The following scenarios illustrate the differences in applicability of Pennsylvania’s injury laws based on whether your employer subscribes or has opted out of the program.

In work-site injury cases where a person’s employer has elected to participate in the Pennsylvania workers’ compensation program, workers’ comp will pay for a victim’s medical expenses and a portion of their lost wages. In these cases, injured workers are able to assert a lawsuit against the negligent third party for damages they’ve suffered that aren’t covered by the Pennsylvania workers’ compensation program.

It’s important to note that if you have been injured on the job and your employer participates in workers’ compensation, you should receive benefits, regardless if your employer was at fault. Conversely, recovering compensation from non-subscribing employers (and third parties) requires you to prove that your injuries stem from someone else’s negligent actions. In cases where an employer is a nonsubscriber, a question often arises of “who will pay for my expenses while I’m pursuing a third party for liability for my injuries?” The answer to that question depends if the facts of your case fall into one of two scenarios:

Scenario One – Both Your Employer and a Third Party Are Responsible For Your Injuries
The first factual scenario your case may fall into is where both your non-subscribing employer and a third party are responsible for your injuries. To illustrate, let’s analyze a case involving a hypothetical painter injured on a job site while working for a non-subscribing employer. While at the job site, the painter was instructed to paint the edge of a balcony but wasn’t provided an appropriate safety harness by his boss. Unfortunately, while painting as instructed, the negligently constructed and maintained railing on the balcony gave way, causing the painter to fall and suffer major injuries.

In this scenario, the worker was injured due to a combination of his employer’s and the third party’s negligence: his employer failed to provide appropriate safety equipment, and the property owner failed to maintain and/or construct their balcony properly. In a scenario where both your non-subscribing employer and a third party are responsible for causing your injuries, you’ll need to hire an experienced workplace accident attorney to file a lawsuit against both parties to recover compensation for your injuries.

Scenario Two – A Third Party is Entirely Liable For Your Injuries

In the second scenario your case may fall into, a worker’s injuries are 100% attributable to a third party. In these cases, a party’s employer is not required to pay anything for their employee’s injuries because they have elected to abstain from participating in the Pennsylvania workers’ compensation program. In these cases, you must retain an experienced workplace accident attorney to sue the third party under a negligence theory. Moreover, as your employer did not act negligently, your exclusive remedy is to file a lawsuit against the third party responsible for causing your injuries.

However, a limited exception to this general rule may exist. Some more generous nonsubscribing employers may voluntarily provide their injured workers’ benefits, although not required by Texas law. In these cases, your employer will need to be reimbursed after you recover compensation from the negligent third party. You should note, however, that a nonsubscribing employer voluntarily providing benefits for harm caused solely by a third party is almost unheard of, and the only way you’ll likely recover compensation for your workplace accident injuries is to pursue compensation from the negligent third party under Pennsylvania negligence laws.

What Damages Are Recoverable From a 3rd Party in a Workplace Accident?

Simply put, a variety of damages may be recoverable in a workplace accident attributable to a third party’s negligence. Specifically, if their negligence costs you your job, you may recover the cost of past and future lost wages. If you lose your health, you can sue for the medical attention you need. If you lost your enjoyment of life or have endured emotional suffering, you may be able to sue for the value of that loss.

However, although most damages from workplace accident cases are similar, the amount of and types of compensation available in your case can only be determined after a detailed examination of the particular facts of your case. For more information and a free consultation of your case, our attorneys invite you to call them any time, day or night.