Can I Sue My Employer for an Injury on the Job?
In Pennsylvania, virtually all employers are required to provide no-fault workers’ comp coverage to virtually all employees. Hurt on the job? You have the right to bring a claim for workers’ comp benefits. You may be wondering: Can I sue my employer for a job-related injury? In Pennsylvania, the answer is generally “no”—workers’ comp is an exclusive legal remedy for injured employees against their own employer. Here, our Chambersburg workers’ comp attorney explains the key points to know about your right to sue your employer (or lack thereof) for a job-related injury.
You Cannot Sue Your Employer for a Work Injury in Pennsylvania
The Pennsylvania Department of Labor and Industry explains that workers’ comp is designed as an exclusive remedy for injured workers. The system generally prohibits employees from suing their employers for workplace injuries. It is a no-fault system of benefits that is designed to ensure that injured workers receive benefits for medical expenses and lost wages without needing to prove employer negligence. In turn, workers give up their right to sue their employer.
Limited Exceptions to the Workers’ Comp Exclusive Remedy Rule
There are limited exceptions to the workers’ comp sole remedy provision in Pennsylvania. If you are hurt on the job, you may be able to file a personal injury lawsuit against your employer if either of the following two circumstances applies to your case:
- Intentional Harm by the Employer: If an employer deliberately causes harm to an employee, such as through physical assault, the employee may have grounds to file a personal injury lawsuit against them.
- Lack of Workers’ Compensation Insurance: Employers in Pennsylvania are mandated to carry workers’ compensation insurance. If an employer fails to provide this coverage, injured employees may pursue a lawsuit to recover damages for their injuries.
Injured Workers Can Sue a Negligent Third Party
While you generally cannot file a personal injury claim against your own employer for a job-related accident, you can bring a fault-based lawsuit against any negligent third party. If your work injury was caused by a contractor, subcontractor, property owner, equipment manufacturer, or any other third party, you have the right to hold them accountable through a lawsuit. Third-party liability claims allow injured workers to seek additional financial compensation, including for pain and suffering. However, these are fault-based cases. You must prove the defendant’s negligence caused your work accident to establish liability.
Legal Tip: You can bring both a workers’ compensation claim and a third-party liability personal injury lawsuit after a job-related accident in Pennsylvania. You should always file for workers’ comp benefits even if you believe a negligent third party caused your accident.
Contact Our Chambersburg Workers’ Comp Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ comp lawyers are standing by, ready to help. If you have any questions about the work injury claims process, please do not hesitate to contact us today for a free consultation. From our offices in Chambersburg and Gettysburg, we fight for justice for injured workers throughout Central Pennsylvania.