Can I Sue My Employer For Workplace Injuries?
If you have been injured at work and you’re dealing with pain, lost wages and difficulty supporting your household, you might be wondering if you should sue your employer.
In most cases, the answer is no.
In Pennsylvania, workers’ compensation is a no-fault system. This means that regardless of how you were injured, your employers’ workers’ compensation insurance carrier must provide you with benefits for medical care and wage loss. Whether you were injured because of the acts of your employer, your co-workers or yourself, you are generally entitled to workers’ compensation benefits but barred from filing a lawsuit against your employer and your co-workers.
Call our law office in Pottsville to talk to a lawyer about your specific case. We do not charge to answer questions.
Exceptions To Every Rule
Of course, there are exceptions to most rules. In certain cases, you may have a claim against your employer. If your employer fails to carry workers’ compensation insurance, your employer does not have the immunity from workplace injury lawsuits that the Workers’ Compensation Act provides.
Your employer may also be liable if he or she intended to injure you, or if you were injured at a company-sponsored event but not actually in the scope of your employment.
If your employer retaliates against you for reporting your injury or seeking workers’ compensation, you can pursue a wrongful termination lawsuit under state employment laws.
While most injured workers cannot sue their employers, your workplace injuries still may result in a lawsuit. If a third party — someone other than your employer, your co-workers or yourself — is responsible for your injuries, we can help you file a civil personal injury claim.
Third-party lawsuits stem from a number of workplace injuries. When a trucker is injured in a crash caused by another driver, it may be wise to file a claim against that driver. If another contractor on a job site or dangerous machinery injures a construction worker, he or she might also have a third-party claim.
While workers’ compensation provides compensation for wage loss and medical expenses, third-party claims can result in money for additional damages, including your pain and suffering.
Millions Of Dollars Recovered. No Fee Unless We Win.
Our law firm has won millions of dollars for injured workers and their families. We always explore all possible avenues of relief for our clients, including workers’ compensation claims, third-party lawsuits and Social Security Disability.
To learn about your options, we invite you to contact one of our attorneys today. We never charge any fees. In fact, we will only charge you a fee if you hire us to represent you and we go on to win your case. You can learn more about our fair fees, including reduced rates for union members, on our fees page.