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Workers’ Comp And Third Party Claim

  • Jon Koutcher
  • 06/25/2025

Philadelphia Workers’ Compensation Lawyers at Pearson Koutcher Law Have Decades of Experience Handling Work Accidents Connected to a Third party Claim.

I negotiated a workers’ compensation settlement of a work injury claim that was attached to a third party settlement. In Pennsylvania, the workers’ compensation insurance company has an absolute right of subrogation, or right to be paid back, whenever an injured worker recovers an award/settlement from a third party case. For example, if you work as a truck driver and are in an accident caused by a third party, you could file a separate claim for money damages (pain and suffering, bodily injury, loss of enjoyment of life’s pleasures, etc) against that third party. From your recovery, the workers’ compensation insurance company has a right to be paid back.

It is critical that you have an experienced workers’ compensation attorney to explain the intricacies of the third party lien and most importantly, how the repayment to the insurance company will affect your future benefits. In certain instances, depending on the amount of the lien and the third party recovery, your wage loss benefits may be reduced for a period of time in the future. Likewise, the workers’ compensation insurance company may only have to pay for a certain percentage of your future medical treatment.

The workers’ compensation attorneys of Pearson Koutcher Law have decades of experience protecting the rights of injured workers and negotiating subrogation liens for the benefit of workers who have a work accident involving a third party claim. If you need a workers’ compensation attorney, contact the Philadelphia workers’ compensation law firm Pearson Koutcher Law.

Examples of Workers’ Comp And Third Party Claim

Here are a few examples from our workers’ compensation settlement page.
$100,000 Lump Sum Settlement for Bucks County Construction Laborer with Head and Wrist Injury
Jonathon Koutcher of Pearson Koutcher Law settled the case of a Bucks County construction laborer with head and wrist injuries when a dump truck being operated overturned. The injured worker began receiving Worker’s Compensation wage loss benefits. The injured worker had a third-party case against the general contractor, which settled. The injured worker’s wage loss benefits were then reduced to take into consideration the future credit afforded the Worker’s Compensation insurance company. Because of the future credit, the injured worker’s ongoing wage loss benefits were significantly reduced. Mr. Koutcher was able to negotiate a settlement for the injured worker in the amount of $100,000, approximately eight (8) years of wage loss benefits in a lump sum. In addition, the injured worker’s medical benefits remain open as a condition of the settlement, so the injured worker may continue to receive treatment for work-related injuries.


$200,000 Lump Sum Settlement in Fatal Claim/Death Case
A widow who lived near Scranton, Pennsylvania settled the fatal claim of her husband for $200,000. The case also involved a third-party lawsuit which settled for seven figures (confidential amount), and as a result of a future credit against ongoing death benefits, the amount of the widow’s benefits would have been reduced drastically. Philadelphia Workers’ Compensation attorney Jonathan Koutcher, of Pearson Koutcher Law, negotiated a resolution of the widow’s death benefits. More importantly, this allowed the widow to move on with her life and not have to risk her benefits stopping as a result of a relationship resulting in dependency.


Confidential: Lump Sum settlement in Fatal Claim for Monroe County Widow
Philadelphia workers’ compensation attorney, Jonathan B. Koutcher, of Pearson Koutcher Law, settled a fatal claim for the widow of a Monroe County laborer who was killed at work after suffering a blunt force trauma to the head. A third-party lawsuit against the tortfeasor resulted in a significant settlement. Mr. Koutcher was successful in transferring the claim from New Jersey to Pennsylvania, where the Workers’ Compensation system was more beneficial to the widow and negotiated a settlement thereafter that included credits for overpayments in New Jersey, the third-party subrogation lien and future fatal claim benefits. A confidentiality clause in precludes disclosure of the amount of the settlement.

Call The Workers’ Compensation Attorneys At Pearson Koutcher Law to Discuss Your Workers’ Compensation Claim

Let us put our decades of experience to work for you, helping you navigate the complexities of the Workers’ Compensation laws.