Legal Question in Workers Comp in Pennsylvania

3rd party claim

i had my thumb near torn off by a falling block been on comp for 20 months.the company i worked for sub contracted the work from a big genral contractor can i sue the genral and also the company that did the block work was also another sub may i sue them???in pa you cant sue employer.


Asked on 8/07/08, 10:58 am

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: 3rd party claim

We handle lots of construction site cases so this is a frequent question. The general contract might have immunity because of a wrinkle in PA law, called the statutory employer doctrine.

However, another sub is NOT immune and if their workers were careless enough to drop a block when people were working below, you may have a good case.

BUT!!!! - the statute of limitations is 2 years. You have to file suit within 2 years of the accident. So you need to contact a lawyer right away. It's not always easy to track down these subs and make sure you sue the right corporation. You should act immediately. There's still enough time but don't wait any longer.

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Answered on 8/07/08, 11:23 am


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