October 15, 2025 | Personal Injury
If you were injured on the job in Pennsylvania, your first question might be: What kind of claim can I file? In most cases, workers’ compensation is the main source of benefits. However, in certain situations, you may also have a personal injury claim—especially if someone other than your employer contributed to your injury.
The good news? You don’t have to choose. If a third party is involved, you can pursue both a workers’ comp claim and a personal injury lawsuit for damages that workers’ comp doesn’t cover.
Workers’ Comp vs. Personal Injury: What’s the Difference?
Workers’ compensation in Pennsylvania covers most job-related injuries. It’s a no-fault system, meaning you don’t have to prove anyone was negligent. In exchange, you usually cannot sue your employer, a rule known as the “exclusive remedy” doctrine.
There are two important exceptions:
- If your employer didn’t carry workers’ comp insurance, you may be able to sue them directly.
- If a third party—like a subcontractor, property owner, or driver—caused your injury, you can file a personal injury claim against them.
Knowing who was responsible for your injury will determine which legal options are available. In many workplace accidents, especially on construction sites or in vehicle crashes, a third party may be involved.
How Pennsylvania Workers’ Compensation Works
The workers’ compensation system is designed to help employees recover quickly after an injury. It typically covers:
- Medical treatment for work-related injuries
- Partial wage replacement (usually two-thirds of your average weekly pay)
- Specific loss and disfigurement benefits
- Death benefits for eligible dependents
To receive benefits, you must meet several deadlines:
- Notify your employer within 21 days to receive full benefits from the date of injury
- Report the injury within 120 days to remain eligible for any benefits
- File a Claim Petition within 3 years if your claim is denied
Workers’ comp pays for necessary care and basic income support, but it doesn’t include compensation for pain and suffering or full wage loss.
When Can You File a Personal Injury Lawsuit?
A personal injury claim may be possible if someone outside of your employer caused or contributed to your injury. Common third-party claims include:
- A subcontractor failed to maintain a safe worksite
- A property owner allowed a dangerous condition
- A driver caused a car accident while you were working
- A manufacturer produced a defective tool or machine
Unlike workers’ comp, a personal injury lawsuit can seek damages for:
- Pain and suffering
- Full wage loss and future earnings
- Out-of-pocket expenses
- Loss of quality of life
Pennsylvania uses a modified comparative negligence rule. If you’re found more than 50% at fault, you can’t recover damages. Otherwise, your compensation will be reduced by your percentage of fault.
Can You File Both a Workers’ Comp Claim and a Lawsuit?
Yes—if a third party was involved, you can pursue both types of claims. Workers’ comp helps cover immediate needs like medical bills and partial wages, while a personal injury claim may provide broader compensation.
Keep in mind that your employer or their insurer has the right to be reimbursed for the workers’ comp benefits they’ve already paid if you win or settle your personal injury case. This is known as a subrogation lien and is handled through a Third-Party Settlement Agreement (Form LIBC-380).
Managing both claims at the same time can be complex. It’s important to coordinate them properly to protect your total recovery.
Contact a Scranton Personal Injury Lawyer Today
Workers’ compensation is often the first step after a workplace injury, but it’s not the only option. If someone other than your employer played a role, a personal injury lawsuit can help you pursue the full value of your damages. Understanding your rights—and the rules for each type of claim—can help you recover as much as possible.
If you were injured in an accident in Pennsylvania, contact an experienced personal injury attorney at Fellerman & Ciarimboli, Law PC to schedule a free consultation today.
Contact our experienced car accident attorneys. We proudly serve clients in Scranton, Kingston, Berwick, PA, and Columbia, Lackawanna, Luzerne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
436 Spruce St Suite 100, Scranton, PA 18503
(570) 714-4878
Fellerman & Ciarimboli, Law PC Kingston
183 Market St #200, Kingston, PA 18704
(570) 714-4878
Fellerman & Ciarimboli, Law PC Berwick
120 W Front St, Berwick, PA 18603
(570) 714-4878
