Question 1

Can I sue if I'm already collecting workers' compensation?

Accepted Answer

Yes — against third parties. Workers' compensation bars suits against your direct employer in almost all cases, but you retain the right to sue any negligent third party (e.g. a general contractor, a subcontractor on the same site, an equipment manufacturer, or a property owner).

Question 2

What if my employer was the one at fault?

Accepted Answer

Workers' compensation is generally your exclusive remedy against your direct employer, even when they were negligent. There is a narrow intentional-conduct exception. We still investigate fully — sometimes the 'employer' on paper is not the entity actually responsible.

Question 3

How are OSHA violations used in a construction lawsuit?

Accepted Answer

OSHA citations and inspection reports are admissible as evidence of the relevant safety standard and the employer's or contractor's failure to meet it. Prior violations can also be used to show notice and a pattern of disregard for worker safety.

Question 4

What happens to my workers' comp lien when the third-party case settles?

Accepted Answer

Pennsylvania law (Section 319 of the Workers' Compensation Act) gives the comp carrier a subrogation lien against the third-party recovery. We negotiate that lien — it is rarely paid in full — so that as much of the settlement as possible ends up with you.

Question 5

How long do I have to file a Pennsylvania construction accident lawsuit?

Accepted Answer

Generally two years from the date of the injury for third-party claims. Wrongful death claims are two years from the date of death. Workers' comp claims have their own (much shorter) reporting deadlines.

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