Legal Question in Workers Comp in Pennsylvania

Workers' Comp

My husband was running an errand for work using our personal car when he was struck in the parking lot by the driver of the company van who does not have a license. Our car was totaled and my husband has a concusion and was knocked unconscious in the car. The co. called the tow truck and not 911!The accident was caught on security tape and I fortunately arrived in time to stop my car from being towed and I called 911. Can we sue the co. or would it fall under workers' comp preventing us from taking action against them? The co. was aware that the driver had a suspended license for DUI's and did not have him drug tested (although my husband was in compliance to co. policy).


Asked on 9/12/07, 11:15 pm

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Workers' Comp

absolutely. Give me a call.

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Answered on 9/13/07, 8:31 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Workers' Comp

I'm confused whether or not the person who hit your husband was working for your husband's employer or another company. If working for your husband's company you can't sue the employer or a fellow employee - everything would have to go thru worker's comp. If he was working for a different company then you can sue. Please contact me if you need any addtional help. Good luck!!

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Answered on 9/13/07, 11:09 am


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