Lancaster, United States - March 4, 2026 / Rankin & Gregory, LLC (RG Injury Law) -

The Pennsylvania Supreme Court issued a decision on February 18, 2026, in Brown v. Gaydos, affirming that an injured worker can pursue a separate negligence lawsuit against a co-worker, even after already receiving workers' compensation benefits for the same injury, provided the co-worker was not acting within the course of employment at the time. RG Injury Law, a Lancaster-based personal injury and workers' compensation firm, is highlighting the ruling for Pennsylvania workers who may not realize they have options beyond a standard workers' comp claim.

A Ruling That Reopens a Door Many Injured Workers Assume Is Closed

The case began when John Brown suffered crush injuries while working for American Concrete Solutions after the arm on a skid loader malfunctioned. Brown received workers' compensation benefits through his employer's insurer, as expected. But the skid loader itself was owned by George Gaydos, a fellow ACS employee and part owner of the company, and Brown filed a separate negligence lawsuit directly against him.

A trial court dismissed that lawsuit, reasoning that workers' comp immunity shielded a co-worker from a separate claim. The Superior Court reversed, and the Supreme Court has now affirmed, holding that co-worker immunity applies only when both employees were acting within the course of their employment at the time of the injury.

"A lot of injured workers assume that once they file for workers' comp, that's the end of the story, no matter who or what actually caused their injury," said William Gregory, Workers' Compensation Attorney at RG Injury Law. "This ruling is a reminder that isn't always true. If a co-worker's negligence outside the scope of their job duties contributed to your injury, you may have a separate path to compensation that workers' comp alone doesn't cover, like pain and suffering."

Key takeaways from the ruling include:

• Workers' compensation and a separate negligence lawsuit against a co-worker are not automatically mutually exclusive

• Co-worker immunity depends on whether both employees were acting within the course of employment at the time of the injury, a factual question courts examine case by case

• Equipment ownership or actions outside normal job duties can affect whether a co-worker is protected by that immunity

• Workers' comp alone does not cover pain and suffering, meaning a valid third-party claim can recover damages a comp claim cannot

What Injured Workers in Lancaster County Should Know

Workers' compensation offers prompt, no-fault benefits, but it was never meant to be the only avenue for every injured worker. When a co-worker, contractor, or other third party contributes to an on-the-job injury outside the ordinary employer-employee relationship, a separate personal injury claim may run alongside workers' comp benefits.

Pennsylvania's statute of limitations for a personal injury lawsuit is two years from the date of injury, a shorter window than many workers realize while focused on their comp claim. Consulting an attorney early helps identify whether a case like Brown v. Gaydos applies before that window closes.

About RG Injury Law

RG Injury Law, founded by attorneys Chad Rankin and William Gregory, is a Lancaster, Pennsylvania personal injury and workers' compensation law firm serving clients throughout Lancaster County and Central Pennsylvania. Both lead attorneys hold an AVVO rating of 10, AV Preeminent status from Martindale-Hubbell, and Super Lawyers recognition. The firm wins or settles 99 percent of its Pennsylvania cases and operates four office locations across Lancaster County. Clients pay no fees unless RG Injury Law recovers compensation on their behalf.

To request a free case review, call 717.656.5000.

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RG Injury Law — Rankin & Gregory, LLC

1476 Lititz Pike, Lancaster, PA 17601

Phone: 717.656.5000

Email: help@rginjurylaw.com

Contact Information:

Rankin & Gregory, LLC (RG Injury Law)

1476 Lititz Pike
Lancaster, PA 17601
United States

Public Relations
(717) 656-5000
https://www.rginjurylaw.com/