Pennsylvania Workplace Accident Lawyer — Can you Sue an Employer?
In most cases, you can not sue your employer pursuant to the Pennsylvania Workers Compensation Act, even if your injuries were the result of the negligence of your employer or even a co-employee. Accordingly, you need to consult with an experienced Workers Compensation Attorney to determine whether or not your case falls with an exception to the general rule.
The Law Offices of Richard A. Jaffe, LLC can help you understand whether you may have reason to file a legal claim against an employer.
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The workers' compensation statute was created in 1910 to avoid lawsuits against employers. The statute guaranteed that workers injured on the job would have their medical bills paid and receive wage loss benefits. However, workers were no longer allowed to sue their employers for extra damages relating to pain and suffering.
If your employer fails to maintain workers compensation insurance, as required by Pennsylvania law, your employer is no longer immune to lawsuits.
When the worker sustains a work-related injury, accordingly, you are able to sue your employer in such cases, but you will be required to show that your employer was negligent and caused your injuries which is a higher burden than in a Workers Compensation claim.
Sometimes your employer may argue that your injury did not happen while you were working when defending against your Workers Compensation Claim. Such a defense may be successful in your workers compensation claim, but it would preclude your employer from standing behind the immunity afforded by the Workers Compensation Act in defending against a subsequent lawsuit for negligence. Accordingly, you need to consult with an experienced Workers Compensation Attorney to determine the best strategy in your particular case.
When Someone Other Than Your Employer Causes Your Work Injury
Third-party liability is when someone other than your employer causes your injury. For instance, if a delivery person was involved in a motor vehicle accident when making a delivery or if a machine operator suffered a serious injury due to defective product, or a plumber slipped and fell while working in someone's apartment building, then the worker may be able to sue for damages.
You can also still file a workers' compensation claim and a Social Security Disability claim, if relevant.
Philadelphia Injured Worker Attorney: 215-268-7348 or 866-959-8856. E-mail.
The Law Offices of Richard A. Jaffe, LLC will be happy to talk to you to determine whether or not you have the right to file a third party lawsuit as a result of your work injury. Talk to Mr. Jaffe in a free initial consultation so you can understand your rights and get the help you need right from the start.