Workers’ Compensation Claim, Personal Injury, Or Both?

On This Page

1. Workers’ Compensation Is Available to the Vast Majority of PA Workers
2. We Can Also Review Your Case to Determine Your Right to Take Legal Action
3. Types of Compensation Available in Your Pittsburgh On-the-Job Injury Case
4. Talk to a Pittsburgh Workers’ Compensation Attorney About Your Legal Options Today

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

When you get hurt at work or diagnosed with a work-related illness in Pennsylvania, you should qualify for workers’ compensation benefits. You may also qualify to pursue compensation from a third party who caused or contributed to your accident and injuries. At Berger and Green, our Pittsburgh workers’ compensation team can review your case for free and explain your legal options based on the facts of your case.

The Pennsylvania Workers’ Compensation Act ensures you have access to medical care coverage, a portion of your lost wages, and other benefits, but in exchange, you waive the right to hold your employer responsible. However, you have the right to file a claim against any other at-fault party whose negligence caused your injuries. We can help you identify this third party and take legal action against them.

Workers’ Compensation Is Available to the Vast Majority of PA Workers

Most employers in Pennsylvania must provide workers’ compensation insurance for every worker from the first time they clock in for a shift. Some very large companies have the approval to self-insure, but this is rare. Also rare, some employers fall under other workers’ compensation laws, and the types of coverage required differ slightly.

All in all, though, you should have access to benefits following a workplace injury or illness. If your employer refuses to agree that your injury occurred because of work or the insurance company denies your claim, you may need to enlist the help of a Pittsburgh workers’ compensation attorney to help you fight for the full benefits you deserve. Berger and Green can help.

We Can Also Review Your Case to Determine Your Right to Take Legal Action

In addition to helping you obtain the workers’ compensation benefits you need and deserve, the Berger and Green team can review your case to determine if you may qualify for additional compensation by holding an at-fault party liable for your accident and injuries. We will review the circumstances of your accident, identify all liable third parties, and help you seek the payout you deserve from them.

While you cannot file a personal injury claim in every workplace injury accident case, it is often possible. You can take this type of legal action if someone’s negligence caused or contributed to your injuries and that negligent party was not your employer or a coworker. Common liable third parties include:

• Property, building, and construction site owners
• Manufacturers of defective products
• Companies who work in the same space as you, such as contractors, vendors, and others
• Motorists who cause traffic accidents while you are on-the-clock

If we identify a negligent third party, we will build a strong case against them and pursue damages on your behalf. This is the only way you can recover full lost wages, as well as pain and suffering.

Types of Compensation Available in Your Pittsburgh On-the-Job Injury Case

Pennsylvania workers’ compensation benefits cover a range of expenses and losses related to your workplace injury or illness. This includes:

• Medical care and related costs, as long as medical treatment is necessary for the on-the-job injury or illness
• Lost wage benefits to cover a portion of your lost wages as long as you cannot return to work or can only work in a “light duty” capacity
• Specific loss benefits if you lose the use of a limb, important body function, or suffer scarring and disfigurement
• Occupational training and other benefits, in some cases
• Death benefits, if the injured worker passes away

Compensation recovered in a personal injury lawsuit can complement these benefits and provide additional damages. This may include:

• Ongoing care costs
• Full lost wages and benefits
• Diminished earning capacity
• Compensation for any property damages
• Related out-of-pocket costs
• Pain and suffering
• Mental anguish
• Wrongful death damages, if the injured worker passed away

Talk to a Pittsburgh Workers’ Compensation Attorney About Your Legal Options Today

Berger and Green can help you understand whether your case qualifies for a workers’ compensation claim, a personal injury claim, or both. We will review the circumstances of your injury or illness and explain your legal options. Then, we can help you pursue the maximum amount of compensation possible based on the facts of your case.

It is important you act quickly to reach out to us and let us get started. Not only do you and your family need those lost wage benefits as soon as possible, but there are relatively short time limits to file for workers’ compensation and to pursue legal action in a personal injury suit.

Call Berger and Green’s Allegheny County office today at (412) 661-1400. We offer no-cost case evaluations.