Workers’ Comp vs. Personal Injury: When Your Workplace Accident Becomes Both

John M. Solt • January 6, 2026

If you’re hurt on the job, your first thought is usually: “I’ll file a workers’ comp claim.” That’s a good start, but sometimes, your case might be more than just workers’ compensation. In some situations, it’s actually both a workers’ comp and a personal injury case.


Here’s how to tell the difference — and why it matters.


Workers’ Comp: Coverage From Your Employer

In Pennsylvania, workers’ compensation covers medical bills, lost wages, and rehabilitation after a workplace injury. It’s a no-fault system, which means you don’t have to prove your employer did anything wrong.


But it also comes with limits. You can’t sue your employer for negligence, and pain-and-suffering damages aren’t included.


When It Crosses Into Personal Injury

Sometimes, though, someone else caused your injury — not your employer or a co-worker. That’s when a third-party personal injury claim may come into play.

For example:

  • A delivery driver is hit by a distracted motorist while making rounds.
  • A factory worker is injured by a defectively designed machine.
  • A construction worker is hurt by another company’s crew on the same site.


In these cases, you might be entitled to both workers’ compensation and personal injury damages.


Why It’s Important to Know the Difference

Each claim follows different rules, timelines, and insurance processes. Missing one can cost you thousands. An attorney who understands both sides, like our team here at Slusser Law Firm, can coordinate your claims to make sure you get every dollar you deserve.



If your workplace injury feels complicated, it probably is. Let us sort out the details. We focus on the legal, so you can focus on you.


By Nicole F. Bednarek January 8, 2026
Let’s be honest — few things make people more uncomfortable than talking about death or money. So it’s no surprise that estate planning often falls to the bottom of the to-do list. But estate planning isn’t just for the wealthy or the elderly. It’s for anyone who wants to make things easier for their loved ones when the unexpected happens. Whether you own a business, a home, or just want to protect your family’s future, having a plan in place brings peace of mind for everyone involved. Still, here in NEPA, we see a few common mistakes that can cause real problems down the line. Putting It Off ‘Until Later’ No one likes to think about wills and estates, but waiting too long can leave your family in limbo. We often hear, “I’ll get to it someday,” but “someday” can quickly become too late. Life changes — new homes, marriages, divorces, children, grandchildren — and your estate plan should change with it. Even a simple will can save your family from confusion, court delays, and unnecessary costs during an already emotional time. The earlier you start, the easier it is to adjust as life evolves. Relying on Online Templates We get it. The internet makes everything look simple. But when it comes to Pennsylvania law, one-size-fits-all documents often don’t hold up. Online forms don’t consider the details that make your situation unique, like blended families, business ownership, property in multiple states, or caring for an aging parent. Those “free” templates can end up costing your family far more later if the documents are incomplete or invalid. Forgetting to Name the Right People Choosing the right executor, trustee, or power of attorney is one of the most important decisions you’ll make. It’s not just about trust, it’s about responsibility. Pick someone who’s organized, financially responsible, and able to handle tough conversations. The right person can make the process smooth and respectful; the wrong one can turn it into a family feud. If you’re not sure who to choose, an attorney can help you think through the pros and cons and make sure your wishes are clear and legally enforceable. Not Talking About It We know that this conversation feels uncomfortable. But having it now avoids confusion, arguments, and hurt feelings later. Let your loved ones know where to find your documents and what your wishes are. Transparency is a gift that can prevent unnecessary stress during a difficult time. Protect What Matters Most At Slusser Law Firm , we’ve helped generations of NEPA families plan for the future. Whether you own a small business in Wilkes-Barre, a family home in Kingston, or just want to make sure your children are protected, we’ll walk you through every step with compassion and clarity. Don’t wait for “someday.” Start planning today , and give your family the peace of mind they deserve. Give Slusser Law Firm a call at 570-453-0463 today! 
Car Accident Case
By John Lucas October 27, 2025
Car accident cases can be civil, criminal, or both. Learn how each works and what it means for your rights after a crash in Pennsylvania.
Discarded Construction Helmet
By Nicole F. Bednarek October 20, 2025
Good news: most workers’ compensation benefits aren’t taxable. Find out the exceptions and why legal guidance can help protect your recovery.
Show More