Harrisburg Personal Injury Lawyer
If an Employee is injured on the job as a result of the negligence of someone who is not employed by the Company, the Employee may be eligible to pursue a third party negligence claim, in addition to a workers’ compensation claim.
The Employee generally will have two years from the date of the injury to toll the statute of limitations for a third party personal injury claim. This means that within two years of sustaining the injury, the Employee must file a document with the Court that has proper jurisdiction, indicating their intention to proceed with a civil action against a specific party. That document must also be properly served on the other party.
Any benefits paid by the workers’ compensation carrier as a result of injuries caused by someone not employed by the same employer are subject to recoupment by the workers’ compensation carrier. This is called a subrogation lien. However, the workers’ compensation carrier is not necessarily entitled to 100% reimbursement, depending on the facts of the case and the amount recovered by the injured party.
If an Employee has been notified of a subrogation lien being asserted by the workers’ compensation carrier, an Employee should never settle a third party personal injury claim without first consulting the workers’ compensation carrier. Contact an experienced Harrisburg personal injury lawyer from our firm today, we can help.
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If an Employee is injured off the job as the result of someone else’s negligence, they are still entitled to pursue a personal injury claim. If the claim involves the use of an automobile, Pennsylvania has a “No Fault” Insurance System which means that typically your own auto insurance company will pay benefits that are available under your policy. This can include payment for medical bills and lost wages up to the maximum amount as set forth in your auto policy. However, even if an Employee receives benefits from their own insurance company, they may not be fully compensated and may want to consider pursuing a claim against the negligent party and their insurance company.
Individuals who are the victims of negligence will often be contacted by the negligent party’s insurance company and asked to settle any claim they may have against that negligent party. Anyone who finds themselves in this unfortunate situation should be very careful before agreeing to release the negligent party. They should take into consideration many factors, including but not limited to, whether they will require future medical treatment, whether they will incur future wage loss and whether the offer properly reflects the pain, suffering and loss of enjoyment of life suffered by the injured party.
Employees should know that if they select the lower cost limited tort option on their own auto insurance policy, their right to compensation from the negligent party for injuries caused by the negligence of that person can be severely limited. The limited tort option provides minimal savings in insurance premiums, but can cost you dearly if you need to seek compensation as a result of your injuries.
Contact Our Experienced Harrisburg Personal Injury Lawyers
If an Employee believes they may want to pursue a personal injury claim, it is important to get medical attention and treatment as soon as possible and to follow any and all recommendations of the treating physicians and health care providers. If the injury involves an auto accident or is the result of the negligence of another, the Employee should be sure to advise the health care provider that fact.
If an Employee is not fully compensated by the negligent party’s insurance company, they may be entitled to additional compensation from other sources. To know what you rights are, you should consult with an experienced Harrisburg personal injury lawyer.