Are There Benefits To Filing Third-party Claims?

1. Are There Benefits To Filing Third-party Claims? 1

2. When a person is injured at work due to the negligence of an individual or corporation other than his or her employer or a co-worker, the injured worker can file a claim for Workers’ Compensation benefits and also file a third-party claim third-party claim to recover damages from the negligent party for pain and suffering.

3. For more than two decades, their Philadelphia Philadelphia Workers’ Compensation lawyers Workers’ Compensation lawyers of Gross & Kenny, Gross & Kenny, LLP LLP, have been dedicated to protecting the rights of injured workers. They handle third-party claims as well as subrogation claims stemming from: Car accidents ★ Construction accidents ★ Defective equipment ★ Pedestrian accidents ★ Truck accidents ★ Unsafe premises ★

4. Pennsylvania Subrogation Claims Lawyers When a third-party personal injury claim personal injury claim is successful, the Workers’ Compensation insurance company has the right to subrogate or get money back, from the third-party settlement or verdict. They assist in negotiating the subrogation or lien so that their clients get more money in their pockets. 4

5. Their firm routinely handles subrogation issues involving this complex area of the law where personal injury law and Workers’ Compensation law intersect. Their experience enables them to be adept at negotiating and maximizing the client’s return on both personal injury and Workers’ Compensation claims. In addition, Their lawyers are available to serve as co-counsel in personal injury cases for assistance in reducing or eliminating the subrogation claims asserted by the Workers’ Compensation carriers. Many law firms that handle third-party lawsuits help their clients negotiate a maximum recovery for both Workers’ Compensation and third-party settlements based on their experience with subrogation. third-party lawsuits exclusively turn to them to

6. In the vast majority of work injury claims, the injured employee is prohibited from filing personal injury lawsuits against their employer due to an incident that occurs in the workplace. That is because they receive automatic protection under the Pennsylvania workers’ compensation law. Workers’ comp protects both the employee and the employer.

7. Proving A Third-party Claim When an injured worker files a workers’ compensation claim, they will generally be able to recover compensation regardless of who caused their injury. Even a worker whose own negligence led to their work injury is usually going to be able to recover coverage through workers’ compensation in Pennsylvania.

8. However, when filing a third-party claim after a workplace injury, the injury victim will have to prove that the third-party’s negligent conduct caused the injury. This can be a difficult process. The injury victim will need to establish that the third-party: Owed them a duty of care ➢ Breached the duty of care ➢ Caused the injury ➢ Caused monetary losses ➢

9. Any person considering filing a third-party claim after sustaining a workplace injury or illness needs to know that the deadline for filing a claim is a little bit different than the deadline for a workers’ compensation claim. In Pennsylvania, a person is required to notify their employer within 120 days of their workplace injury or illness, but they still have three years from the date of their injury to file the actual claim, according to the Pennsylvania Workers’ Compensation Act. Time Limit To Filing Third-party Claims In Pennsylvania However, the statute of limitations for third-party claims is two years from the date the injury occurs, which is the Pennsylvania personal injury statute of limitations. It is crucial for any work injury victim to ensure that they file their respective claims on time. Failing to do so could result in the victim being unable to recover any compensation at all.

10. Holding Negligent Third Parties Accountable If an injured worker has received Workers’ Compensation benefits and the injured worker goes on to obtain a recovery (either a settlement or an award at trial) from the negligent third party, the employer’s Workers’ Compensation insurance company can make a subrogation claim against any third-party award or settlement the worker receives. This means that the employer and/or Workers’ Compensation insurance carrier can seek reimbursement for the Workers’ Compensation benefits they have paid out on the employee’s behalf. 10

11. Contact Lawyers of Gross & Kenny, LLP All Workers’ Compensation and compensation claims are handled on a contingent basis. Contact them online or call at 267-589-0090 today for a free consultation with one of the top Philadelphia workers compensation Philadelphia workers compensation attorney attorney of Gross & Kenny, LLP.

12. Gross & Kenny, LLP 1500 John F Kennedy Boulevard Suite 1450 Philadelphia, PA 19102 https:/ /www.philaworkerscomp.com/contact/ 267-589-0090