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However, the question often arises as to whether there are other claims which you can pursue as a result of a work
injury.
For example, if you are injured because of your employer's carelessness, can you also file a personal injury claim
against him?
Under Pennsylvania law, you cannot. Pennsylvania's Workers' Compensation law specifically provides that your employer
cannot be sued for its carelessness in causing your injury. Instead, you can only recover the medical expense and wage
loss benefits which are available from your employer under Pennsylvania's law.
Likewise, if you are injured because of a co-worker's carelessness, you cannot assert a personal injury claim against
the co-worker.
On the other hand, if a work injury is caused by the carelessness of an individual who is not a co-worker, you are
allowed to claim Workers' Compensation benefits, while also pursuing a personal injury claim against the person who
caused the injury. For example, if you are injured in an automobile accident while working. In this case, you can
recover Workers' Compensation benefits while also pursuing a personal injury claim against the other driver who caused
the accident.
Such a personal injury claim is usually asserted against the other person's available insurance coverage, and typically
seeks the recovery of the uncovered one-third of your lost wages, as well as compensation for your pain and suffering.
It should be noted that the bar against filing a personal injury claim against a co-worker is limited to those cases
where the co-worker is employed by the same employer. If the individual is employed by a different employer you may
still be allowed to pursue a personal injury claim against him.
Other work injuries which often lend themselves to personal injury claims include those which are caused by defective
conditions of the property upon which you are working. If the property is not owned by your employer, you can recover
Workers' Compensation benefits, while also pursuing a personal injury claim against the property owner.
Similarly, if the work injury is caused by the defective nature of equipment you are using, you may be able to pursue a
personal injury claim against the manufacturer and suppliers of the defective equipment.
Lastly, it should be noted that Pennsylvania's Workers' Compensation law also provides for payments to be made to
injured workers who lose the use of body parts, sustain scarring of the head or neck, or suffer a significant loss of
sight or hearing. Payments for these type of matters are required, even if the worker does not miss time from work.
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Most people know that if you are injured at work, you are entitled to Workers' Compensation benefits. These benefits
usually include payment of your medical expenses as well as two-thirds of your gross lost wages.