Visitor Question

Filing Workmans Compensation and a Homeowner’s Insurance Case?

Submitted By: Angel (Shickshinny, PA USA)

I fell and was injured on the job. I had 2 surgeries to correct the injury, and left with a frozen shoulder. I have a workers compensation case opened and also a homeowners insurance case where the slip and fall took place. I HAD an attorney, LONG story.

My question: Can I settle with workers comp and the homeowners at the same time? I sent a demand letter which ONLY included pain and suffering to the homeowners insurance. Workers comp covers lost wages so I figured I’d leave that part to workmans comp. Is this possible?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Angel,

Angel:

The law in the State of Pennsylvania does not preclude a person from filing suit against a 3rd party while pursuing a claim for the same injury with Workmans Compensation.

At first glance the facts you present seemed a bit confusing. What we have concluded is you probably were working for a company as an employee. While working for that company you were assigned to do some type of work at a third party’s (or customer’s) home.

The example we will use is as follows:

You were working for a home improvement company where you injured your shoulder as a result of some sort of a fall. The fall though was as a result of your walking up the customer’s staircase while working and the staircase gave way. When it did you fell injuring your shoulder. (We hope our example is reasonably similar to the facts related your injury.)

If the scenario we offer is similar to the facts you have presented, then the answer is quite clearly “Yes”. You can file and collect on a Workmans Compensation claim for the injury sustained at the house where the defective staircase caused you to fall and injure your shoulder.

At the same time you are legally permitted to pursue a separate claim against the homeowner and his insurance company. One does not preclude the other.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 8, 2011

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