Third Party Injury Cases Explained: How Workers’ Comp and Personal Injury Work Together | Jeffrey Gross Show Ep. 21
In this special episode of The Jeffrey Gross Show, Jeff welcomes guest Rich Godshall, managing partner of OG Law (Ashcraft & Godshall), for a detailed and insightful discussion on third-party injury claims. From handling complex trucking accidents to navigating jurisdiction and subrogation, this episode breaks down how personal injury and workers’ compensation attorneys collaborate to achieve the best outcomes for injured clients. They also reflect on running a law firm, building strong teams, and share their love of Philly sports with plenty of laughs along the way.
Joe:
Alright, ladies and gentlemen around the Delaware Valley, welcome to The Jeff Gross Show here on WWDB Talk 860. We’ve got a fantastic broadcast. Jeff Gross, how are you, sir?
Jeff:
I’m good, Joe. How are you?
Joe:
I can’t complain. Did you have a good Fourth of July?
Jeff:
As you know, it’s my birthday.
Joe:
I do! Did you get my birthday wishes?
Jeff:
I did. Thank you very much.
Joe:
I was getting on the elevator at the Philadelphia School District for a Spark and a Dream internship meeting. A lady said to me, “Time flies,” and that hit me hard. Sixty-one came fast!
Before we dive in, let’s welcome our guest, Rich Godshall, managing partner at Ashcraft and Godshall. How are you?
Rich:
I’m good, Joe. Thanks for having me back.
Joe:
How was your Fourth?
Rich:
Great—we went to a Phillies game on Saturday. Ranger Suarez pitched. He’s having a great year.
Joe:
He really is. Neither he nor Sanchez made the All-Star team, which might be a blessing—save those arms.
Jeff:
Good point. Suarez is fun to watch. He’s deliberate, composed, and strategic—pitching corners like old-school pros.
Joe:
Exactly. The team needs bats and bullpen help. Trade deadline’s coming. What would you prioritize?
Rich:
We need runs. We’ve pieced pitching together in the playoffs before, but the bats have gone cold.
Joe:
I think we need middle relief. If you’re constantly down by five, your hitters press. And yeah, these guys swing for the fences constantly—no small ball.
Jeff:
It’s the game today. I mean, imagine what Mike Schmidt or Dave Kingman would be making now. Kingman hit .215 with 40 HRs. Today, that’s $300 million.
Joe:
True! Speaking of sports history, what are your top five Philly sports moments?
Jeff:
Saquon Barkley’s leap over a defender. As a former running back coach, that was the most athletic move I’ve ever seen.
Joe:
For me, it’s the Phillies winning the 1980 World Series. Pete Rose catching Bob Boone’s bobble—iconic. Also, Brad Lidge’s final pitch in 2008. And, of course, both Eagles Super Bowls.
Rich:
For me, ’93 World Series—Joe Carter’s home run—painful. I actually won a signed Phillies ball in 1980 and played with it…big mistake.
Jeff:
That Carter homer was brutal. Mitch Williams got unfairly blamed. The pitch Joe hit was a bad one to swing at.
Joe:
Alright, let’s pivot. Jeff, remind our listeners what you do.
Jeff:
I’m with Gross & Kenny. We represent injured workers in workers’ compensation claims—exclusively. I’ve been doing this 35 years in PA and NJ.
Joe:
Rich, tell us about OG Law.
Rich:
Ashcraft & Godshall—OG Law—handles car crashes, truck accidents, slip and falls, anything personal injury. I worked with John Ostroff for years and took over the firm three years ago. We’ve grown steadily since.
Joe:
Love the OG branding. That’s a great domain—oglaw.com.
Rich:
Thanks! We’re leaning into it with our number: 888-OG-LAW-NOW.
Joe:
What’s personal injury, for those unfamiliar?
Rich:
Basically, if you get hurt but not at work—car crashes, store injuries, etc. Jeff covers workplace injuries; we handle everything else.
Joe:
Running your own firm comes with challenges. What’s it like working after hours, running the show?
Rich:
That’s when I get most things done! I enjoy the casework, but the business side takes planning. We’re building systems to delegate well. Trusting others is key.
Jeff:
Hiring the right team—especially support staff—is everything. It’s your backbone. Angela here is incredible.
Joe:
That dedication makes a difference. Let’s talk third-party cases. What is a third-party case?
Rich:
It’s when you’re hurt on the job but the fault lies with someone outside your company—like a car crash while driving for work.
Jeff:
Exactly. You can’t sue your employer due to workers’ comp immunity, but if someone else is responsible, that’s a third-party claim.
Joe:
Let’s say a trucker gets hit by another truck. What happens?
Jeff:
They’d have a workers’ comp claim and a third-party claim. The size of the comp claim affects the third-party case. Bigger comp claim, bigger lien, bigger potential settlement.
Rich:
Right. And trucking cases are complex—out-of-state parties, multiple companies, brokers, loaders. We start with truck data, DOT info, bill of lading—then build backward.
Jeff:
The comp carrier also investigates, hoping for subrogation. It’s all about coordination.
Joe:
Communication is key. How do you guys coordinate between firms?
Jeff:
Texting, calls, shared updates. When there’s trust and open communication, everything runs smoother.
Rich:
Agreed. It’s also about timing. Sometimes I’ll delay filing a case until Jeff has established the comp claim. That ensures stronger value later.
Joe:
Miscommunication could lead to mismatched strategies or lien issues, right?
Jeff:
Absolutely. We’ve had global mediations where both cases settle together. You need a mediator versed in both types of law.
Joe:
Do insurance companies share info too?
Rich:
Oh yeah. They run ISO searches—track previous claims clients may have forgotten.
Joe:
What if someone tries to go it alone and their comp claim is denied?
Jeff:
It affects the third-party case too. That’s why timing and coordination are so crucial.
Rich:
I’ve had to delay settlements because we need a comp ruling first. Better to wait than settle too low.
Joe:
And emotionally, the comp case often helps relieve financial stress, right?
Rich:
Absolutely. My dad was hurt on the job while I was in law school. No paycheck for two months. That panic is real. Comp buys time for the third-party case to play out.
Jeff:
Right. And we’re counselors as much as lawyers. I guide clients through expectations and options. Constant communication calms them down.
Joe:
And tech helps. Rich, you mentioned your firm uses an app?
Rich:
Yeah. Clients can see the case timeline, milestones, and more. Reduces anxiety and keeps them informed.
Joe:
One more scenario—what if someone is injured further during treatment?
Jeff:
Then they may have a malpractice case. I had a client who fell off a treadmill after improper therapy. That becomes a third-party med-mal case tied to the comp claim.
Joe:
Smart legal advice: don’t hide it. It can help both cases.
Jeff:
Exactly. But carriers will fight it. We bring in experts—sometimes even the defense IME doctor’s opinion helps the third-party case.
Joe:
Last thing—what about contingency fees? People think they can’t afford you.
Rich:
All personal injury work is contingency-based. You pay nothing upfront. We only get paid if we win. If we don’t, you owe nothing—not even expenses.
Jeff:
Same here. But my cap is 20% by law, compared to Rich’s 33.3%. And often, expenses get reimbursed by the comp carrier—not the client.
Joe:
That’s so important for people to understand. You’re carrying the risk.
Rich:
And spending money means we’re investing in the case to maximize value.
Joe:
Incredible show today. Rich, how can people reach you?
Rich:
OGLaw.com or email me at godshall@oglaw.com.
Jeff:
You can always reach me at my personal cell: 215-512-1500.
Joe:
Thanks again to Rich Godshall and Jeff Gross for another amazing hour. You’ve been listening to The Jeffrey Gross Show on WWDB Talk 860. See you next time!

