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

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).

What if my employer was the one at fault?

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.

How are OSHA violations used in a construction lawsuit?

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.

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

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.

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

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.

Where would my Luzerne County construction accident case be filed?

Suit is ordinarily filed in the Luzerne County Court of Common Pleas in Wilkes-Barre, where venue is proper under Pa. R.C.P. 1006 if the crash or incident happened in Luzerne County or a defendant regularly conducts business there. Cases valued below the arbitration threshold are first heard by a board of arbitrators before any appeal to a judge and jury. Sean Quinlan litigates in county courts across Pennsylvania from the firm's Camp Hill office.

Which Luzerne County roads produce the most serious construction accidents?

The heaviest crash volume in Luzerne County tracks I-81, I-80, and PA-309, along with the local arterials feeding Wilkes-Barre. Corridor matters: a high-speed limited-access crash, an intersection collision on a signalized arterial, and a rural two-lane roadway each generate different evidence — different reporting agencies, different camera availability, and different roadway-design questions. We investigate a Luzerne County case around where it actually happened.

What happens in the first two weeks of a Luzerne County construction accident claim?

The first two weeks decide most cases. In a Luzerne County matter, we identify every entity on the jobsite beyond your employer — general contractor, subcontractors, property owner, equipment suppliers — because workers' compensation bars a suit against the employer but not against third parties. We also handle the insurer's contact so you are not giving a recorded statement while you are still being treated.

How long do I have to file a construction accident claim in Luzerne County?

Most Pennsylvania injury claims carry a two-year limitations period under 42 Pa. C.S. § 5524, and that deadline is the same in Luzerne County as anywhere in the Commonwealth. Shorter deadlines apply when a government entity is involved: written notice within six months under 42 Pa. C.S. § 5522 for claims against a Luzerne County municipality, borough, or PennDOT. Call before you assume you still have time.

Does being partly at fault stop my Luzerne County claim?

No, unless your share of the fault exceeds that of everyone you are suing. Pennsylvania follows modified comparative negligence under 42 Pa. C.S. § 7102: you can recover as long as you are not more than 50% responsible, and your award is reduced by your percentage. A Luzerne County jury decides those percentages, and insurers routinely assign more fault than the evidence supports as an opening position.

Do I have to travel to meet a lawyer about a Luzerne County case?

No. We handle intake by phone and video for Luzerne County clients and travel to you when meeting in person matters. The consultation is free, the case is handled on a contingency fee, and there is no fee unless we recover money for you. Call (717) 724-7503.

Local Representation

Luzerne County, PA Personal Injury Lawyer

Name: Quinlan Law Group
Address: 3425 Simpson Ferry Rd #100, Camp Hill, PA, 17011, US
Telephone: (717) 724-7503
Price range: Contingency Fee — No Fee Unless We Win

Serious collisions frequently occur along the high-traffic freight corridors of I-81 and I-80, as well as the treacherous winding stretches of PA-309 and PA-11 traversing mountainous Luzerne County terrain.

Our firm serves clients in Wilkes-Barre, Hazleton, Pittston, Nanticoke, and Kingston, providing veteran representation for proceedings at the Luzerne County Courthouse in downtown Wilkes-Barre.

Reviewed by Sean Quinlan, Esq. — attorney licensed in Pennsylvania (PA Attorney ID 86858)

Luzerne County content on this page is written and reviewed by Sean Quinlan, who handles injury and wrongful-death claims across Pennsylvania. About the attorney · Verify PA license

Luzerne County's terrain has always shaped its dangers, and nowhere is that clearer than on the winding grades of PA-309 and PA-11 as they climb through the mountains around Wilkes-Barre and Hazleton. This is coal country turned freight corridor, where I-81 carries an unrelenting stream of tractor-trailers past Pittston, Kingston, and Nanticoke, and where a family driving home from work can be blindsided by a truck that couldn't stop on a downhill curve. I've built cases here for years, and I know that Luzerne County juries and judges expect thorough, honest advocacy — which is exactly what I bring to every client who walks through my door.

Where crashes happen in Luzerne County

Interstate 81 runs the length of the county and its stretch through the Wilkes-Barre and Pittston area sees some of the heaviest freight volume in the region, producing frequent rear-end and jackknife crashes, particularly during winter weather. PA-309 descends through mountainous terrain connecting Wilkes-Barre to Hazleton, and its steep grades and hairpin turns near the Sugarloaf area have long been a site of runaway-truck incidents and serious multi-vehicle collisions. PA-11 winds along the Susquehanna River through Kingston and Forty Fort, where older, narrow lanes squeezed between the river and residential development create tight margins for error. I-80 clips the southern part of the county and connects to the Luzerne freight network, adding another layer of long-haul truck traffic to roads already carrying dense local commuter volume.

Filing suit: venue and jurisdiction for Luzerne County claims

Personal injury lawsuits from Luzerne County crashes are filed in the Court of Common Pleas of Luzerne County, the 11th Judicial District, with proceedings held in the Bernard C. Brominski Building in Wilkes-Barre. Given the volume of interstate freight moving through the county, questions of proper venue under Pa.R.C.P. 1006 and 2179 frequently arise when out-of-county or out-of-state trucking companies are named as defendants. Many claims are first channeled through compulsory arbitration under 42 Pa. C.S. § 7361 before proceeding to trial. The two-year statute of limitations under 42 Pa. C.S. § 5524 applies to every claim, and Pennsylvania's modified comparative negligence rule, 42 Pa. C.S. § 7102, bars recovery entirely for a plaintiff found 51% or more at fault.

Emergency care and medical records in Luzerne County

Serious trauma cases from Luzerne County crashes are typically treated at hospitals in Wilkes-Barre, with the most critical injuries sometimes transferred to larger regional trauma centers depending on the nature of the injury. Because PA-309's mountain crashes and I-81's high-speed collisions often involve multiple responding agencies — municipal police, state police, and separate EMS providers — the resulting paper trail can be scattered across several jurisdictions. We take responsibility for tracking down every record from every responding agency and treating provider so nothing falls through the cracks when we present your claim.

Talk with a lawyer about your Luzerne County case

A crash on PA-309's mountain grades or I-81's crowded lanes can change everything in an instant. If that's happened to your family, call our office for a free consultation — we'll walk you through what to expect and start protecting your claim right away.

Where your case is filed

Court of Common Pleas of Luzerne County

Bernard Brominski Building, Third Floor, Courtroom #2
113 West North Street
Wilkes-Barre, PA 18711
11th Judicial District
570-706-8942

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Cities & county seat

Municipalities we serve in Luzerne County

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Luzerne County Practice Areas

Statewide practice-area guides

Broader Pennsylvania guides on each type of case we handle in Luzerne County.

Corridors, courts & trauma centers in Luzerne County

Deep-local guides for the highways, courthouse, and trauma care that matter to Luzerne County injury claims.

Neighboring counties we serve

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Talk directly with Sean Quinlan, Esq.. No fee unless we win.

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