Legal Question in Personal Injury in Pennsylvania

Injured on job - Able to sue for personal injury???

I am asking this for a neighbor -- he was working on road construction crew holding the stop and slow signs.... while struck by a driver. He received workman's comp, but now wants to sue the driver's insurance company for personal injury..... can he do this and what is the best way to go about it?


Asked on 6/22/00, 7:57 pm

3 Answers from Attorneys

Patrick Henigan Eckell Sparks

Re: Injured on job - Able to sue for personal injury???

Your friend can make a claim against the driver. However, he should realize that his W. Comp carrier will have the right to recover moneys it paid out of any settlement. Depending on the policy limits of the driver's insurance policy, the extent of injuries and amount paid by w. comp, he may wind up litigating the case with little to show for it after comp collects its share. He should pursue the matter by immediately speaking to an attorney.

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Answered on 9/01/00, 9:01 am
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: Injured on job - Able to sue for personal injury???

He can definitely sue the driver for negligence. Have him contact me and I will explain the details and help him.. Assuming it is a good case, we will take it on a contingent fee basis. Murray S. Eckell 610 565-3700x-242

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Answered on 9/01/00, 10:05 am
Richard O'Neill The O'Neill Law Office

Re: Injured on job - Able to sue for personal injury???

You should tell your friend to speak with an attorney as soon as possible. Most attorneys, like myself, give free consultations on injury claims.

You friend has only two years to file a lawsuit in Pennsylvania from the time of the accident.

Your friend probably could recover money from this suit but workers' compensation has the right to be reimbursed for any money paid to your friend. That is, if workers' compensation paid your friend $1.00 and your friend recovered $4.00 from a lawsuit your friend would have to pay $1.00 to reimburse workers' compensation.

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Answered on 9/01/00, 10:09 am


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