Q: Can I sue a homeowner for injury instead of workers' comp in PA?
I was at work in Pennsylvania and went to a customer's house. While proceeding to the backyard, I slipped and fell on visible ice and broke my tibia and ankle. There were no warning signs about the icy conditions. I reported the incident to my employer and am currently in the hospital for surgery. All customers are supposed to clear ice and snow to allow work to be done, but I couldn't take pictures of the scene due to being rushed out by an ambulance. Can I sue the homeowner instead of claiming workers' compensation?
A: You can potentially sue the homeowner and claim workers' compensation. You will still want to claim workers' compensation to pay for your current medical bills and to provide income now since a personal injury claim may take several years to resolve. The workers' compensation carrier would then have a lien against the personal injury claim, but in the long run you are still likely to be better off pursuing both. Obviously, it would be in your best interest to hire an attorney to assist you as soon as possible.
Glenn Neiman agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Pennsylvania
- (215) 638-7500
- View Profile
- Answered
A: I agree with Mr. Belt. Where available, an injured worker need not choose between receiving workers' compensation benefits and pursuing a personal injury case against a third party responsible for the work injury. There is interplay between the two types of cases, but both can be pursued. Good luck!
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
