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How Do I Handle a Work Injury That was Caused by a Third Party?

After a workplace accident, an employee can end up with large medical bills and missed work days. Some work-related injuries can even be caused by third parties. In these situations, questions arise about Workers’ Compensation and liability.

If a third party caused the employee’s injury, they may be able to get compensation through a third-party injury claim. However, there are certain elements that must be proven for a successful third-party claim. These include:

  • The third party had a duty to prevent the injury.
  • Negligence on the part of the third party caused the injury.
  • There are losses from the injury, such as medical bills, lost time from work, and other expenses.

What Does Workers’ Compensation Cover?

Workers’ Compensation is a no-fault system, which means that an employee who is injured during their job is eligible for benefits without proving that the employer is at fault. Applying for Workers’ Compensation is a necessary step after being injured at work. When a third party is involved, a worker may also be able to file a personal injury claim.

Compensation for a workplace injury can come from two different sources. Injured employees most likely will receive compensation through the Workers’ Compensation system. Workers’ Compensation is designed to cover expenses related to a variety of injuries and illnesses. Workers’ Compensation can cover:

Additionally, many workers can apply for additional compensation through a personal injury claim. Generally, compensation will come from one or the other, not both. A personal injury claim requires proof of liability, where Workers’ Compensation does not require fault. Although the two are different, they may intersect in certain situations.

Can I Claim Workers Compensation and Personal Injury at the Same Time?

Workers’ Compensation benefits and personal injury claims cover different expenses and losses. Workers’ Compensation provides approximately two-thirds of the employee’s regular pay during times when they cannot work. A personal injury claim can cover costs outside of lost wages, such as pain and suffering.

A personal injury case arises when negligence caused an injury. The responsible party may pay for all or part of the injured person’s medical bills, pain and suffering, and other issues resulting from the injury.

Using the two forms of benefits at the same time may be possible since they serve different goals. Laws vary by state, and it can be quite complicated. It is best to consult a lawyer for guidance on a third-party work injury case.

Delaware County Workers’ Compensation Lawyers at the Law Office of Deborah M. Truscello Advocate for Workers injured by Third Parties

There are many causes of workplace injuries and accidents. When a third party is involved, the case can become even more complex. If you need help with your work injury case, contact one of our Delaware County Workers’ Compensation lawyers at the Law Office of Deborah M. Truscello today. Call us at (610) 892-4940 or complete our online form for a free consultation. Located in Media, Pennsylvania, we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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Reasonable Rates & Fees

For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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Why Clients Choose Deborah

Heather A
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!

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