Serious work injuries and accidents happen every day in Pennsylvania. Injured workers often want to know what their legal rights are and more importantly, how they can keep up financially when they’re unable to work. In fact, here are two of the most common questions after a work accident or injury in PA:
- Can I sue my employer for an injury on the job?
- Can I sue my employer for negligence?
Suing a Pennsylvania Employer for an Injury at Work
Direct Lawsuits Against an Employer in PA for a Work Injury
Under Pennsylvania law, workers are usually not permitted to bring lawsuits directly against employers for work injuries or accidents. This is due to the Pennsylvania Workers’ Compensation Act, which essentially protects employers from lawsuits for negligence that results in work injuries. In other words, an employer in PA is protected from getting sued by an injured worker, so long as the employer provided workers’ compensation. There are some limited exceptions, like if the employer engaged in willful misconduct or fraud. Get more info about lawsuits against employers in PA.
Even though employers are usually protected from liability or lawsuits, other parties are not. Contractors, subcontractors and property owners may be held liable for a work injury. In a nutshell, an employee can file a lawsuit against a non-employer party for an injury on the job. These types of work injury lawsuits often allow injured workers to obtain financial compensation for medical bills, lost wages and pain and suffering. Time is often of the essence in work injury cases. Speak to our Pennsylvania work injury lawyers now, call our firm at 215.399.9255.
Workers’ Compensation – Indirect Claims
95% of employers in Pennsylvania have workers’ compensation insurance or are self-insured for workers’ compensation. Injured workers can file workers’ compensation claims against an employer. The claim is essentially against the employer, but it is indirect in the sense that the workers’ compensation insurance company stands in place of the employer and handles the claim. In the event the employer fails to secure workers’ compensation insurance or coverage, an injured worker can file a lawsuit directly against the employer
Under Pennsylvania workers’ compensation law, injured workers are entitled to make claims for medical treatment and wage loss (indemnity). Pain and suffering claims are not allowed, although they are allowed in non-employer lawsuits, as indicated above.
Pennsylvania Work Injury Law Firm – Over $150 Million Recovered for Injured Workers
Our Pennsylvania lawyers handle work injury cases involving construction accidents, machinery accidents and work related fall accidents. Our firm has offices throughout Pennsylvania and New Jersey. Call for a free consultation. 215.399.9255
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