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How do third party lawsuits
Effect WC? Ok so my situation may warrent looking at a third party or more. I am employed by a county agency to which Im a considered a state employee. We deal with teaching Pre-K students throughout various school districts within my county but are funded by PA state. My classroom was located in a building ran by a school district. In this building there were several other state/county agencies. During the school year we had mentioned the location of another agencies physical therapy swing which seemed to me as being in a position of a safety hazard to the custodians. We also told the agency it belonged to that our kids were running into it and wldnt stay off of it. I was told that there was no other place to put this swing which was located by the bathrooms we walked our 15 kids to numerous times a day. This is the swing I tripped over while trying to stop a child who was not looking where she was walking from tripping over it.
Okay. So my question. Would this be a case of third party neglagence and who would it be against? The school district for having it placed in an unsafe place or the agency the swing belonged to?
Since my injury they have removed the swing and have placed it elsewhere.
So what happens if you have a third party lawsuit? What happens to ur WC?
Its gonna be pretty hard to prove another party was at fault. Im in a similar case where I worked for GA Power and I was run over by a concrete truck when the brakes failed while it was parked on a hill. not to mention the truck driver failed a drug test after the accident. My lawyers are suing the concrete company as a third party but in the end they are gonna have to split the blame with the company I worked for which they are covered under workers comp. But in your case its gonna be real hard to blame another company because the blame can be put on several different companies. Good luck.
workers compensation is entitled to reimbursement out of any third party recovery.
a private civil atty would be the best resource for identifying all potential liable parties.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
There are a couple of questions -

One, who placed the swing where it was?

Two, was there anything about the swing that you feel made it a trip hazard by design or was it simply the placement?

There may be other questions an attorney would ask right away as well. If you are serious, get some pictures before things change.

To pursue a third party case is a job for an attorney, but understanding that what they are looking for to help you is the possibility of full fault (responsibility) or even partial fault. Design flaws can be a factor, or placement as we discussed. If your injury is serious enough to worry that workers comp wont take care of you, then its probably worth you talking to an attorney. Most of them wont charge a thing to talk for an hour and you both get to decide if you want to do business and even then the attorney would be on contingency so you would not be out any money to pursue. The difficult part is finding an attorney familiar with both workers comp and regular wrongful injury civil suits. You can talk to al lawyer that is only familiar with only one or the other and is not used to the fact that both workers comp claims and third party injury claims are pursued at the same time. While workers comp can demand payback out of awards, that is the same as any insurance paid medical in an injury suit. If you were injured outside of work and your insurer paid to hospitalize you, if you sued and were awarded, the insurer or hospital would ask to be paid out of the settlement or award. An attorney then goes to bat to try and reduce that fee to as little as possible and I have sen them reduced quite a bit. Hope this helps.


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