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What If The Accident Happened While I Was Working?


Hi, I’m Jon Ostroff, thanks for visiting ostrofflaw.com. You’ve clicked on the question, “What if the accident happened while I was working?” It’s a good question, I’m gonna give you a good answer.

If you are in the course of your employment and you’re injured in any type of an accident, this would include a car accident, you’re driving for work and you’re hurt by the fault of another person. You’re working on an assembly line and a machine fails and caused you to be seriously injured. You’re at a construction site and something happens that causes you to be seriously injured, or your loved one to be killed.

If you’re in the course of your job and you’re injured, you can’t sue your employer in Pennsylvania, you can collect Worker’s Compensation. But you also may have another case that you can file against somebody else, or something else, that caused you harm. That’s where we come in. It’s a little easier if you’re in an automobile accident, you’re working, if someone else was at fault, you can get Worker’s Compensation benefits and you can get a recovery against that other person.

Let’s say that you get a Worker’s Compensation benefit for your wage loss and your medical bills, that totals $50,000. Let’s say that the value of your injury case, that we handle for you, is $200,000. You have to pay your Worker’s Compensation carrier back the money you got from them. You owe them that as a lean, but the value of your claim against the person at fault goes up by that amount. So if we were covered 200,000 for your injury case, and the lean for your Worker’s Comp claim is another 50,000, we can get you 250,000 in that claim, as long as the insurance, or the source of recovery is out there. If you’re involved in an injury in a factory and it’s the fault of a manufacturing defect in a machine. Again, it gets a little more complicated to prove a liability case against that manufacturer. But still, if that’s the result of a defective machine and not your employer’s fault for negligently maintaining that machine, that could be a very serious case, and a good case. And again, the lean’ll work the same way. If the value of your case, if you lose a limb due to a dangerous piece of equipment, is $3 million, and you’ve got a $200,000 Worker’s Comp lean, then the value of your claim is gonna be worth $3.2 million. So, you have the ability, if there’s another party at fault for an injury you received while working, to pursue that claim against the other party and to receive your Worker’s Comp. And even if your Worker’s Comp claim is settled before your lawsuit, you can still work both claims out and both can be very good claims. I hope that answers your question, thanks.

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