Moosic Scranton Work Injury- Workers Compensation

Posted by Tom Cummings & filed under Areas of Practice, DLP Law, Workers Compensation.


Question: Bob was hurt at work. He is being paid workers compensation benefits. Can he sue his employer as well?
Answer: Generally speaking, no. If a worker injured at work, workers compensation is usually the exclusive remedy for recovery of damages. A 3rd party tort action is barred. A 3rd party civil tort action generally barred against co-employees as well, but there are exception. The exceptions include situations where the employer has no workers compensation insurance, the injury was caused by an intentional acts of the employer or co-employee, etc.
The tort action can proceed if third party is negligent (i.e. a motor vehicle accident, a products liability case, etc.). In those cases, however, the workers compensation insurance carrier has a subrogation lien against the 3rd party recovery.

About the Author

Tom Cummings

E-mail: Tom Cummings
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Thomas P. Cummings has been a Partner with Dougherty, Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers' compensation and Social Security Disability cases.

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