What Should I Do if a Third-Party Caused My Work Injury?

Suffering a work-related injury is always a possibility, regardless of one’s profession. Workplace injuries can be minor and treatable. Sometimes, work injuries can be more serious and even fatal.

Medical bills for job-related injuries can be overwhelming for injured workers and their families. Fortunately, most injuries suffered in the workplace are covered under workers’ compensation benefits. Employers are required to carry workers’ compensation coverage for their employees.

These benefits only cover a limited amount and do not cover intangible losses, such as pain and suffering. Employees are also unable to sue their employer for further damages. However, an injured worker receiving workers’ compensation benefits can file a third-party liability in certain situations.

What is Third-Party Liability?

Third-party liability is when a person’s injury was caused by the negligent or reckless act of another party who is not involved in the worker-employer relationship. More specifically, it is when an employee is injured while working, but necessarily because of the actions of the employer or another worker. A negligent third-party can be found responsible in numerous situations.

What are Examples of Third-Party Liability?

There are many occupations that require travel and time spent on the road. A construction worker may be at a job site and suddenly become injured by a reckless driver. That construction worker may be able to seek a third-party liability claim. Even though the worker receives workers’ compensation benefits, they may also sue the reckless driver for negligence.

Also, an employee may seek additional compensation if faulty equipment caused their injury. For example, a factory worker may use third-party equipment for their job. If they were hurt by a defective machine or another type of equipment, they may be entitled to compensation.

Why is it Important to Hire a Lawyer After a Work Accident?

Accidents or injuries caused by third-parties are common. An injured worker may be able to get compensation through a third-party liability claim. It is important that the injured worker document each event and the details, especially when reporting the injury to an employer. The worker would have to prove the negligence of the third-party, causation, and damages.

Instead of collecting the limited amount of workers’ compensation, it is highly recommended to hire a qualified workers’ compensation lawyer and discuss whether there is a third-party liability claim that they could pursue. Only proper legal guidance would help the injured worker get the maximum amount of compensation that is available.

Downingtown Workers’ Compensation Lawyers at Wusinich & Sweeney, LLC Help Injured Workers File Third-Party Liability Claims

Workers’ compensation benefits provide a limited amount of coverage to an injured worker. It is possible that the work injury was caused by a negligent third-party. Through a third-party liability claim, the injured worker may be able to recoup more compensation. To achieve this, it is best to contact one of our Downingtown workers’ compensation lawyers at Wusinich & Sweeney, LLC. Call us at 610-594-1600 or complete our online form for a free consultation. Located in Exton, Pennsylvania, we proudly serve clients throughout Downingtown, West Chester, Exton, Coatesville, Phoenixville, Malvern, Lyndell, Wagontown, Uwchlan Township, Parkesburg, Chester Springs, Lancaster County, Reading, and Morgantown.

A Message to Our Customers About Coronavirus COVID-19:


Since Governor Wolf’s Order changing Chester County to green status, Wusinich & Sweeney, LLC is open for business. We are making every endeavor to keep our clients safe. If you would like to interact mainly by remote means, we can facilitate your request. Also, we have modified our office pursuant to the below COVID-19 safety plan to keep our clients as safe as possible.



  1. Check all people’s temperatures upon entrance. Deny entrance to anyone with a fever. Inform visitors that we regret that the law requires us to deny entry to people with fevers or other symptoms, and the firm will schedule a telephone or video visit promptly.
  2. Any persons with symptoms (fever, coughing) should stay home.
  3. Stagger work/meeting times to minimize number of persons in the office at once.
  4. All employees and visitors must wear masks except when office is empty or when sitting at own desk.
  5. Make soap and water and hand sanitizer available for all.
  6. All employees and visitors must maintain social distancing while in building.
  7. Use plastic sneeze guards at front desk and in conference room.
    1. Close off areas visited by infected person.
    2. Open outside doors and windows and use fans, if possible, to circulate air.
    3. Wait 24 hours or as long as practical and then clean and sanitize all affected areas.
    4. Identify people who were in close contact (within six feet for more than ten minutes) and follow CDC guidelines.