Can I Sue My Employer if I am Hurt on the Job in Pennsylvania?
Being hurt on the job can be stressful and confusing. You may be afraid that your employer may retaliate if you file a claim against their Workers’ Compensation policy or you might feel as if you are taking legal action against a company that has been good to you for many years.
In Pennsylvania, there are laws in place that require your employer to provide you with workers’ comp protection. However, the same laws also have stipulations that protect your employer as well.
General Rule in Pennsylvania
As many Pennsylvania Worker’s Compensation attorneys will tell you, in most Pennsylvania cases, you are not able to sue your employer for a workplace injury.
The reason for this is that Workers’ Compensation is considered a no-fault benefit, which means that even if your actions contributed to the injury or the injury was the result of your employer’s negligence, you are only eligible for benefits provided through Workers’ Compensation. In most cases, you also may not sue a co-worker whose actions led to your injury either.
Third Party Work Injury
When you are hurt on the job due to careless or negligent behavior of a third party, you may be able to file a lawsuit against that third party. In legal terms, as the employee, you are known as the first party while your employer is known as the second party. A third party would be someone other than you or your employer.
If you are traveling between job sites during normal working hours and you are involved in a car accident, you may be eligible for workers’ compensation, but you may also be able to file a civil personal injury suit against the driver of the other vehicle if they acted negligently, such as driving while intoxicated.
Other Things to Consider
If your employer fails to provide workers’ comp coverage, you may file a civil lawsuit against them to recover your damages. In addition, if your employer retaliates against you for filing a claim for a workplace injury, you may file a civil action against them.
Intentional acts that are unrelated to work, such as a workplace violence incident, may qualify you for a civil action against your employer. However, it is important to discuss these situations with a qualified Worker’s Compensation attorney to be sure you have a civil claim beyond your workers’ comp claim.
If you or a loved one have been hurt on the job, you need the advice of our qualified Worker’s Compensation attorneys. Contact Lundy Law today to discuss your workplace injury with a lawyer who has experience in workers’ comp law. You can arrange your initial consultation by completing the easy online form or by calling 1-800-Lundy Law today.