Subrogation in Pennsylvania Work Accident Cases: What You Need to Know

What is Subrogation?

Subrogation is your workers' comp insurance company's right to be repaid from any money you recover from the at-fault driver. If workers' comp paid your medical bills, and you then get a settlement from the driver's insurance, the workers' comp carrier wants their money back.

How Subrogation Works in PA

Under Pennsylvania's Workers' Compensation Act:

• The employer/carrier has the right to recover benefits paid from third-party recoveries
• They can intervene in your personal injury lawsuit
• Their lien must typically be satisfied before you receive your settlement
• There are ways to reduce or negotiate the lien

Why You Need Coordinated Legal Help

Without proper coordination between your workers' comp and personal injury claims:

• You might end up owing more to subrogation than you receive
• Timing issues can complicate both claims
• You may inadvertently waive rights in one claim while settling the other

This is why we coordinate workers' comp claims with our Personal Injury colleagues - to maximize your NET recovery after subrogation.

How Your Two Claims Work in Pennsylvania

If you were hurt in a subrogation in pennsylvania work accident cases: what you need to know while working, Pennsylvania law often gives you two separate paths to recovery at the same time, and using both is usually the only way to be fully compensated.

Workers' compensation comes from your employer's insurance and is no-fault, so it applies even if the crash was partly your fault. It pays 100% of reasonable and necessary medical treatment and roughly two-thirds of your average weekly wage while you cannot work. It does not pay for pain and suffering or the final third of your wages.

A third-party personal injury claim applies when someone other than your employer caused the crash, such as another motorist. That claim recovers what workers' comp leaves on the table, including full wage loss and pain and suffering. Many injured workers never learn they had this second claim until it is too late.

How we work: Attorney Michael Cardamone is a Certified Workers' Compensation Specialist who handles your workers' comp claim directly, and we coordinate with our heavyweight Personal Injury colleagues on any third-party case so the two work together to maximize your total recovery.

Frequently Asked Questions

Can I get workers' comp and also sue the at-fault driver after a subrogation in pennsylvania work accident cases: what you need to know?

Yes. If you were working when the crash happened and someone else was at fault, Pennsylvania law generally lets you collect workers' compensation through your employer and pursue a separate third-party claim against the at-fault party. Together they recover far more than workers' comp alone.

Does workers' comp cover pain and suffering?

No. Pennsylvania workers' compensation only covers medical bills and roughly two-thirds of lost wages. Pain and suffering can only be recovered through a third-party personal injury claim against the party who caused the crash.

How much does it cost to hire a work injury lawyer?

Nothing upfront. We work on a contingency fee, so there is no fee unless we win your case, and your consultation is always free. Call (215) 206-9068.