Workers Comp and Third-Party Claims

Workers’ compensation claim AND a 3rd party claim

If you are injured on the job, you have a workers’ compensation claim. 

Occasionally, in addition to your workers’ compensation claim, you may also have a personal injury claim (referred to as a 3rd party claim) that arises from the same incident.  The best example is if you are a truck driver involved in a rear-end car accident while in the scope of your employment.  In this fact pattern, you would have a workers’ compensation claim against your employer AND a 3rd party claim against the driver of the car that hit you from behind. 

Even though you are suing two different parties for the same accident, the cases have a cause and effect upon each other.  The biggest cause and effect is workers’ compensation’s right to subrogation.  What this means is: If workers’ compensation pays out any money in the form of lost wages, medical bills and/or settlement proceeds on your claim, it is entitled to recoup its money back from any settlement or verdict recovered from your third party claim.  It is best to have a single attorney handle both claims.

Lerner, Steinberg & Associates successfully handles workers’ compensation and personal injury claims.  We have successfully negotiated many workers’ compensation and third party claims that minimize the workers’ compensation carrier’s right to subrogation; thus maximize the amount of money our clients receive.

If you have a workers’ compensation or personal injury matter, call Lerner, Steinberg & Associates.

Workers’ Compensation Claim: The First 90 Days Are Critical

The First 90 Days of Workers’ Compensation

In Pennsylvania, the first 90 days of a workers’ compensation claim are usually the most important.  When a person is injured at work, the majority of time the employer / insurance carrier will issue what is called a Temporary Notice of Compensation Payable.  This means your employer has agreed to pay you your workers’ compensation benefits in the form of medical bills and lost wages.  However, your employer also reserves the right to stop paying you those benefits anytime within the first 90 days.

When you are injured at work, your employer should give you a list of panel doctors to choose from.  This means, for the first 90 days of your workers’ compensation injury, you must treat with panel doctors your employer is contracted with.

Additionally, during the first 90 days, your employer may also subject you to an Independent Medical Examination.  This is a one-time examination by a doctor paid for by your employer / insurance company.  The report generated by the Independent Medical Examiner will most likely be in the employer’s favor and give them a reasonable basis to stop any or all of your benefits.

Therefore, while you may believe your employer is treating you fairly, they DO NOT have your best interest in mind.  In fact, they are creating a case against you.

It is paramount that you speak with Lerner, Steinberg & Associates immediately following your injury so that you will be well educated and prepared to handle the first 90 days, and all of the days following of your workers’ compensation claim.

Lerner, Steinberg & Associates successfully handle workers’ compensation claims for workers throughout the entire State of Pennsylvania.

Full Tort vs Limited Tort

What is the difference between full tort and limited tort?

Every vehicle registered in the State of Pennsylvania must have car insurance. When you choose your car insurance you will forced to be bound by the all important question…full tort or limited tort?

What is the difference?

Limited tort will cost you a lower monthly premium than full tort, but will hinder your right to recover in a motor vehicle accident.

If you are in a car accident and have limited tort, you are only entitled to out of pocket medical expenses and lost wages from work. With limited tort you are not entitled to recover for pain and suffering unless you show a serious and permanent injury or loss of a bodily function. There is no list of what constitutes a serious and permanent injury. It is more objective and, consequently, more difficult to recover for your injuries.

If you choose full tort, as a matter of law you are entitled to recover for out of pocket medical expenses, lost wages and any pain and suffering incurred as a result of your motor vehicle accident.

Therefore, while it may be a slightly larger cost to pay for full tort insurance, if you are in a car accident, full tort will pay off in the long run.

Lerner, Steinberg & Associates successfully handles both limited tort and full tort insurance claims.