As per the Governor's shut down we are working remotely, however rest assured that we are still working to protect your rights! Please email us at for Dina Brilliant and for Glenn Neiman or call us at (215) 638-7500 and leave a message as we are checking our messages.

A new Frequently Asked Question has been, "I have the Coronavirus, can I get workers' compensation benefits?" The answer is that, yes, you may be entitled to workers compensation benefits depending on the facts. This can be whether you have contracted COVID-19 through work, or whether you have lost a modified duty job through an employer closing or layoff. Email or call us to discuss the specifics of your case in regard to the Coronavirus or any other work injury.

Injured Workers Receive Practically No Value From Personal Injury Cases

Ordinarily, workers’ compensation in Pennsylvania is an “exclusive remedy.”  That means, the typical injured worker in PA cannot sue anyone for his or her injuries, and only has benefits under the Pennsylvania Workers’ Compensation Act (Act) available.  There are exceptions when the injury was caused by the negligence of a third party (a party other than the employer).

However, as we have noted in the past, the Act is designed so that the injured worker receives none of the benefits of the damages recovered in the personal injury (“third party” case).  This concept is called “subrogation.”  We recently observed this happening to one of our clients.

One of our clients suffered significant injuries, which were caused by a third party.  A civil suit was filed (in addition to the workers’ compensation action).  This civil suit was handled by a law firm other than us (our firm limits its practice to PA workers’ compensation cases, though we can certainly refer clients to excellent attorneys for any aspect of the law).

A settlement was reached in the civil suit while our client continued to receive workers’ comp benefits.  This was a sizable settlement, far more than the PA workers’ compensation insurance carrier had paid out so far in benefits (known as the “lien”).  Once the lien was paid back to the insurance company, and deductions were made for the attorney’s fee and the costs of litigation by the attorney, an offset was calculated by a formula on a Third Party Settlement Agreement (TPSA).

The offset will result in our client receiving around 35 percent of his ongoing workers’ compensation benefits, including his medical bills (meaning that our client will now have to pay the majority of his medical bill from his own pocket).  By the design of the Act, this offset will continue until every last dollar of his third party recovery is “paid back” to the workers’ comp insurance carrier.  This, despite the fact that civil cases (unlike workers’ compensation cases) allow for the recovery of pain and suffering.  One could ask how such a result is fair.  We could not provide an answer.

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