Two Claims for One Accident: Workers' Comp + Personal Injury Explained

Why You May Have Two Claims

When you're injured in a car accident while working, Pennsylvania law allows you to pursue two completely separate claims:

1. Workers' Compensation - Against your employer's insurance
2. Personal Injury Lawsuit - Against the at-fault driver

These aren't either/or - you can pursue BOTH simultaneously.

Workers' Compensation

• No fault required - You get benefits even if the accident was your fault
• Covers: All reasonable medical treatment, about 2/3 of lost wages
• Doesn't cover: Pain and suffering, full lost wages
• Paid by: Your employer's workers' comp insurance

Personal Injury Lawsuit

• Fault required - The other driver must have been negligent
• Covers: Full lost wages, pain and suffering, emotional distress, future damages
• Paid by: The at-fault driver's auto insurance (or their personal assets)

How the Claims Interact

There's a concept called "subrogation" - if you recover money from the at-fault driver, your workers' comp carrier may be entitled to reimbursement for benefits they paid. This makes coordination between the two claims critical. Without proper handling, you could end up owing money back.

How Your Two Claims Work in Pennsylvania

If you were hurt in a two claims for one accident: workers' comp + personal injury explained 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 two claims for one accident: workers' comp + personal injury explained?

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.