In most cases, the workers' compensation system provides the exclusive path for recovery, and when it does, you cannot sue your employer for a workplace injury in Pennsylvania. Workers' compensation is a no-fault system, but insurance carriers often challenge or deny claims, making the process difficult to navigate alone. However, specific, important exceptions to this rule could change your options entirely.
A lawyer who understands the difference between a workers' compensation claim and a personal injury lawsuit can protect your rights after being hurt on the job. If you work in a high-risk profession, like construction, you might want to call a workers’ compensation lawyer when you’re healthy, so you don’t have to try to find one when you’re dealing with injuries.
Table of contents
- Key Takeaways About Suing Your Employer for a Workplace Injury in PA
- Understanding Pennsylvania’s “Exclusive Remedy” Rule
- When Can You Sue an Employer for a Workplace Injury in Pennsylvania?
- What About Suing Someone Else? Exploring Third-Party Lawsuits
- Understanding the Workers' Compensation System
- FAQs: Can I Sue My Employer for a Workplace Injury in Pennsylvania?
- Contact a Firm Focused on Pennsylvania Workers' Compensation
Key Takeaways About Suing Your Employer for a Workplace Injury in PA
- Pennsylvania’s workers' compensation system is generally the “exclusive remedy” for injured employees, meaning they typically cannot sue their employer directly.
- There are limited exceptions where an employee might be able to file a lawsuit, such as when an employer intentionally causes an injury or fails to carry workers' compensation insurance.
- An injured worker may be able to sue a negligent third party—someone other than their employer or a coworker—who contributed to the accident.
- Workers' compensation is a no-fault system providing medical and wage-loss benefits, while a personal injury lawsuit requires proving fault but may allow for additional damages like pain and suffering.
- The statute of limitations for a workers' compensation claim in Pennsylvania is generally three years from the date of injury.
- If your employer or their insurer denies your claim, a lawyer can file an appeal, which Pennsylvania law calls a claim petition.
Understanding Pennsylvania’s “Exclusive Remedy” Rule
When you’re hurt at work, whether you’re on a construction site in Philadelphia or in an office in Abington, the first system you will encounter is workers’ compensation. Pennsylvania law established this system as a kind of trade-off between employers and employees.
In exchange for providing no-fault benefits—meaning you don't have to prove your employer did something wrong to cause your injury—employers are protected from most personal injury lawsuits. This protection is known as the "exclusive remedy" rule, as outlined in the Pennsylvania Workers' Compensation Act. The idea is to create a more direct and less contentious way for injured workers to receive benefits for medical treatment and lost wages.
This system is supposed to be straightforward, but it often isn't. Insurance companies may challenge the severity of your injury or deny the claim altogether, leaving you without the support you need.
When Can You Sue an Employer for a Workplace Injury in Pennsylvania?
While the exclusive remedy rule is strong, it isn’t absolute. There are a few very specific situations where the shield protecting your employer from a lawsuit is removed. These exceptions are rare, but it's important to know if they might apply to your situation.
- Your Employer Intentionally Harmed You: The exclusive remedy rule does not apply to an injury caused by an act of a third person (even a coworker) intended to injure you because of reasons personal to the attacker and not directed against you as an employee or because of the employment itself.
- Your Employer Lacks Workers' Compensation Insurance: Pennsylvania law requires nearly every employer to carry workers' compensation insurance. If your employer has failed to secure this coverage, they lose their protection from lawsuits. In this case, you could file a personal injury lawsuit against them directly.
These exceptions can be challenging to prove and require a detailed understanding of Pennsylvania law.
What About Suing Someone Else? Exploring Third-Party Lawsuits
Even if you can’t sue your employer, that doesn’t mean a lawsuit is completely off the table. Many workplace injuries, especially on busy construction sites, are caused by the negligence of someone other than your employer or a coworker. These are known as third-party claims.
A third-party lawsuit allows you to seek compensation from the responsible person or company while still receiving your workers' compensation benefits. This is a critical option because a lawsuit can provide compensation for damages that workers' comp does not cover, such as pain and suffering.
Examples of potentially liable third parties include:
- The manufacturer of a defective piece of equipment or machinery that caused your injury.
- A subcontractor from another company whose carelessness on a shared job site led to your accident.
- A driver who hit you while you were operating a company vehicle for work.
Pursuing a third-party claim is a separate legal action from your workers' compensation case. It allows you to hold all responsible parties accountable for their role in your injury.
Understanding the Workers' Compensation System
For the vast majority of injured workers in Pennsylvania, the primary focus will be on the workers' compensation system. This administrative process has its own set of rules and deadlines that can be difficult to manage on your own, especially while you are trying to recover.
If your claim is denied, for example, you don't appeal the decision in the traditional sense. Instead, you must file a Claim Petition so a workers' compensation judge can hear your case.
You need a lawyer who knows the right terminology and procedures. Similarly, your employer or insurer may tell you that you must see an employer-approved doctor for 90 days, but this rule has many exceptions and is often not as strict as employers make it seem. Consult a workers’ compensation attorney to understand the specific rules and limitations surrounding your right to choose your treating physician.
You don't have to wait until a problem arises to seek guidance. Workers in high-risk jobs can establish a relationship with a lawyer who can be on standby. You can have an experienced attorney in your back pocket if any issue arises with your claim, allowing you to move quickly to protect your right to benefits.
FAQs: Can I Sue My Employer for a Workplace Injury in Pennsylvania?
Here are answers to some common questions about workplace injuries and your legal options in Pennsylvania.
What should I do if my boss tells me not to file for workers' compensation?
You should never feel pressured to avoid reporting a work injury or filing a claim. Reporting your injury promptly is crucial for protecting your rights. It is illegal for an employer to retaliate against you for filing a workers' compensation claim, and you have the right to pursue the benefits you are entitled to under the law.
Can my employer fire me for filing a workers' compensation claim?
No, Pennsylvania law prohibits employers from firing or otherwise retaliating against an employee simply for filing a workers' compensation claim in good faith. If you believe you have been wrongfully terminated for this reason, you may have grounds for a separate legal action.
Does workers' comp cover injuries that happen off-site, like in a company car?
Yes. If you performed your job duties, workers' compensation generally covers injuries that occur off the primary work premises. This can include injuries sustained in a car accident while traveling for work, at a client's location, or at a work-related event. The key factor is whether the injury arose in the course of employment.
What is the time limit for reporting a work injury to my employer in Pennsylvania?
You must notify your employer about a work injury within 120 days of the injury or within 120 days of learning you have a work-related illness. However, you should report the injury immediately. Delayed reporting can lead to a denial of benefits.
If I file a third-party lawsuit, does it affect my workers’ compensation benefits?
Yes. If you recover money in a third-party lawsuit, the workers' compensation insurance carrier may recover the benefits it paid to you, up to the amount of your third-party recovery. This is called subrogation. A lawyer can negotiate this to maximize your net recovery from both the lawsuit and your workers' compensation benefits.
Who pays for my medical treatment for a pending or denied workers' compensation claim?
If the claim is pending, your employer's insurance carrier may or may not agree to pay for treatment immediately. If the claim is denied, the carrier will not pay for treatment. In either case, you can use your private health insurance to pay for care. If workers' compensation later approves your claim, it will generally reimburse your private insurer, and the workers' compensation carrier will cover future treatment.
What is the difference between temporary and total disability in Pennsylvania workers' compensation?
In Pennsylvania, the law refers to total disability for employees who cannot return to their previous job or any other job and are eligible for wage loss benefits.
The law does not use the term temporary disability. Instead, it refers to periods where an employee may be partially disabled (can perform some work but not their prior job) or totally disabled. The benefit amounts and duration depend on the classification of disability.
Contact a Firm Focused on Pennsylvania Workers' Compensation
At Kaufman Workers' Compensation Law, we help injured workers in Abington and Philadelphia navigate the workers’ compensation system and fight for the benefits they deserve.
Attorney Jenifer Kaufman is certified as a specialist in workers' compensation law by the Pennsylvania Bar Association Workers' Compensation Law Section, a specialty organization accredited by the Supreme Court of Pennsylvania. She has held this credential since it was first offered in 2013.
This deep focus means she will handle your case with the insight and dedication it requires. Whether you need to file a claim petition after a denial or want to explore a potential third-party lawsuit, we are here to provide clear guidance.
Don’t face the insurance companies alone. Call us today at (267) 626-2973 or contact us through our online form to schedule a free, no-obligation consultation to discuss your case.