Legal Question in Workers Comp in Pennsylvania

Re: fell on ice

Yes, If the owner of the icy pathway was someone other than your Employer. You employer is protected by the exclusive remedy provision of the Workers' Comp statute itself. But the FedEx driver who slips and falls on the sidewalk may sue Mrs. McGillicuddy AND seek WC, as the old girl is not protected by the exlusive remedy provision.

Another typical case is the manufacturer of the defective product which hurts a Pennsylvania worker while doing job duties. WC plus a Section 402A of the Restatement 2d of Torts.

If you are only seeking WC, there is no such thing as a pain and suffering component: you are viewed as an economic robot and valued only for your actual labor contributions made in exhange for money - the human condition be damned.

There will not be a double recovery, as off-setting rules will apply. Speak with your counsel about subrogation. The "third party" suit may and should be more valuable than the WC case precisely because the former includes value of life or Hedonistic Damages while the latter does not.

Good Luck.

TV