The Pennsylvania Workers Compensation Act provides a right of recovery where a compensable work injury is caused by a third party tortfeasor. The Employer is "subrogated" to the right of the employee against the third party tortfeasor, to the extent of benefits paid under the Act.
(See: Section 319).
The question arises: Can an Employer directly sue the third party tortfeasor?
The Pennsylvania Supreme Court provides an answer to this question at:
Liberty Mutual Insurance Company, as subrogee of George Lawrence v. Domtar Paper Co. et.al.,
No. 19 WAP 2014 decided April 27, 2015.
The Supreme Court reaffirmed the right of action against a third party tortfeasor remains in the injured employee and the Employer/Workers Compensation Insurer's right of subrogation under Section 319 must be achieved through a single action, brought in the name of the injured employee OR joined by the injured employee.