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Can I Sue My Employer For A Work-Related Injury in Pennsylvania?

Can I Sue My Employer For A Work-Related Injury in Pennsylvania?

What to Do If You Are Injured on the Job in PA?

Injuries happen every day. They can occur at any time, anywhere, and affect anyone.

However, there are certain circumstances where an injury may become a matter of life or death. This is especially true if the person injured has been working in a job that requires heavy lifting or manual labor. When injuries occur on the job, workers' compensation benefits should be paid to cover medical expenses, lost wages, and disability payments.

Local chiropractor and wellness clinics that treat some minor work injuries include:

  • McCarrin Chiropractic & Physical Therapy Center
  • Germantown Chiropractic Center
  • Comprehensive Wellness and Rehabilitation
  • East Falls Chiropractic: Zachary Dillow, D.C.

Workers' Compensation Benefits in Pennsylvania

Pennsylvania law states that employers are required to pay workers' compensation benefits to employees who suffer injuries arising out of and during employment. These benefits include medical care, temporary total disability, permanent partial disability, vocational rehabilitation services, and death benefits.

If you're hurt on the job, you should contact your employer immediately and report the incident to your supervisor. If you don't do this, you may miss out on workers' compensation benefits.

It is important to take the initial steps for making a workers' comp claim:

  • Report Your Injury
  • Get Medical Treatment
  • Take Detailed Notes

Who Is Eligible for Workers' Compensation Benefits?

Anyone who works in Pennsylvania is eligible for workers' compensation benefits. However, certain individuals are excluded from receiving these benefits. Some of these exclusions might include:

  • Self-employed individuals
  • Independent contractors
  • Employees of religious organizations

What Happens if the Insurance Company Denies a Valid Claim?

Workers' compensation insurance is designed to protect employees from workplace injuries. You may be entitled to benefits under Pennsylvania Workers Compensation law if you suffer a work-related injury.

Unfortunately, there are companies out there that do not pay legitimate claims. They deny valid claims and refuse to provide any type of compensation. This is illegal and should be reported immediately.

Here are a couple of reasons why an insurance company may deny a claim:

  • Failure to Provide Medical Records

It is very common for an employer to request medical records prior to approving a claim. However, you could face penalties if you fail to provide these records. In order to receive benefits, the injured worker must prove that they were injured at work. Without proof of the injury, they cannot receive benefits. Medical records are essential to proving the case. Therefore, if a worker is denied benefits, they should ask for copies of their medical records.

  • Failure to Submit a Claim Within the Deadline

Each state has a different set of laws that govern the time given to file a claim, known as statutes of limitations. Statutes of limitations are laws that limit the amount of time an injured person has to file a claim against their employer for compensation benefits under Pennsylvania Workers' Compensation law.

In most states, the statute of limitations begins running once the injury occurs. In some states, however, the statute of limitations does not begin to run until the injured person discovers the injury.

The purpose of statutes of limitations is to prevent stale claims from being filed. The longer the statute of limitations, the greater the chance that a claim will become stale. Injured workers can learn more about these deadlines by speaking with an experienced workers' compensation lawyer in their state. 

Can I Sue My Employer After a Work Injury?

Pennsylvania has a workers' compensation system where employers pay into an insurance fund to compensate injured employees. If you're hurt on the job, you may be entitled to receive benefits under the law. However, there are certain situations where you may be able to sue your employer after a workplace injury.

In Pennsylvania, you can file a lawsuit against your employer if you believe that your employer was negligent in causing your injuries. Negligence means that your employer failed to act reasonably to prevent harm to you. This failure caused you harm. For example, if you were injured due to unsafe working conditions, then your employer should have known about the dangerous situation and taken steps to correct it.

If you've been injured on the job, you should contact an experienced personal injury lawyer right away. An attorney can advise you of your legal rights and help determine whether you have grounds to sue your employer. A personal injury lawyer can also help you recover damages for medical bills, lost wages, pain and suffering, and other losses related to your injury.

What's the difference between workers' compensation and a civil lawsuit?

A civil lawsuit is a legal action brought against a person or company for damages caused by negligence or wrongdoing.

In most cases, workers' compensation covers injuries sustained on the job, while a civil lawsuit may cover injuries sustained off the job. Most states set limits on how much money employers must pay for workers' compensation claims. These limits vary depending on the severity of the injury and whether the worker was employed full-time or part-time.

Here are some examples of what each type of claim covers:

Workers' Compensation

  • Medical care
  • Lost wages
  • Temporary disability benefits
  • Permanent disability benefits

Civil Lawsuit

  • Damages for pain and suffering
  • Damages for permanent injury
  • Damages for future medical expenses
  • Punitive damages
  • Attorney fees
  • Court costs
  • Other remedies available under state law

How Long Do I Have to Sue For a Work Injury in PA?

Pennsylvania has no statute of limitations for filing a workers' compensation claim. However, there is a two-year limit on bringing an action against a third-party tortfeasor. This means that if you were injured at work, you might have up to two years after the accident to file a lawsuit against the negligent employer or its insurance company.

However, if you were injured due to the negligence of another person, such as a co-worker, then you should file a lawsuit within two years of the incident. If you do not file a lawsuit within two years of the incident, you may lose your right to sue. If you are unsure whether you have a case, contact our office immediately. We can review your situation and advise you on what steps you should take next.

Do I Need an Attorney to Sue My Employer?

When you're injured at work, you may be entitled to compensation under workers' compensation laws. But what happens after you file a claim? How do you prove your case against your employer?

Injured employees often wonder whether they should hire an attorney to represent them in court. If you've been hurt at work, you may feel overwhelmed by the legal system and unsure about how to proceed.

But hiring an attorney can help you win your case. An experienced attorney can advise you on how to go forward with your claim, and he or she can guide you through the legal process.

Here are three things you should consider when deciding whether to hire an attorney:

  • What kind of injury did I suffer?

Workers' compensation law requires employers to provide medical care and pay temporary disability benefits to injured employees.

However, there are several types of injuries that aren't covered by workers' comp. For example, if you were injured in a car accident caused by your employer, you would not be eligible for workers' comp.

Similarly, if you were injured on the job due to unsafe working conditions, you wouldn't be eligible for workers' compensation.

It's important to know exactly what type of injury you suffered so you can determine whether you qualify for workers' comp. This information is usually included in your worker's compensation paperwork.

  • Do I need an attorney?

Even though you may be eligible for workers' compensation benefits, you may still want to hire an attorney to represent you in court.

A lawyer can help you understand your rights and responsibilities under workers' comp law. He or she can explain the legal process and help you prepare your case.

For example, an attorney can help you decide whether to take part in a mediation session before filing a lawsuit. A mediator can help resolve disputes between parties without going to court.

Mediation sessions typically last one hour, and you don't have to pay anything unless you reach a settlement. Mediators are trained to listen carefully to each party's side of the story and then offer suggestions on how to resolve the dispute.

  • Is my case worth pursuing?

The cost of hiring an attorney varies depending on the complexity of your case. However, you shouldn't expect to spend thousands of dollars to pursue a workers' comp claim. Most cases settle out of court for much less than the amount you'd receive if you went to trial. In fact, many attorneys charge a percentage of any money awarded to their clients.

How to Prove a Case Against Your Employer

In order to prove a claim, you must show that your employer was negligent and that the negligence caused your injury. This means showing that your employer knew about the dangerous conditions and failed to correct them.

Here are three things you should consider doing to prove a work injury case against your employer.

  1. Document Everything
  2. Get Expert Witness Testimony
  3. Find Other Witnesses

How Much Will You Recover if You Sue Your Employer?

When you sue your employer, you may recover damages for lost wages, medical bills, pain and suffering, emotional distress, and punitive damages. However, there are limits to what you can recover. In most cases, you cannot recover any amount of money for future earnings or lost earning capacity. You cannot recover damages for pain and suffering unless you prove that the injury was caused by the employer's negligence.

For example, if an employee slips and falls on a wet floor, he or she cannot recover damages for pain, suffering, or emotional distress unless the employer knew about the dangerous condition and failed to fix it.

Similarly, if you suffer a serious illness due to workplace exposure to toxic chemicals, you cannot recover damages for pain or suffering unless you prove that your employer was negligent in failing to protect you from those harmful substances.

You cannot recover punitive damages unless you prove that the employer acted maliciously or fraudulently. Punitive damages are designed to punish employers who act recklessly or intentionally injure employees. They are awarded to deter employers from engaging in similar conduct in the future.

So, although you may be entitled to recover some damages for pain and suffering, emotional stress, and punitive damages, you probably won't receive much compensation for these types of injuries.

Can You Sue If an Injury Was Caused By a Third Party?

A third-party liability claim occurs when an individual suffers bodily injury or property damage due to another person's negligence. This type of claim may arise out of an accident involving a vehicle, premises, products, or services.

Third-party claims are often brought against businesses or individuals who provide goods or services to others. These include manufacturers, distributors, retailers, service providers, contractors, and others.

In Pennsylvania, there are two types of third-party liability claims: strict liability and negligence. Strict liability claims are based upon the premise that the defendant had a duty to protect the plaintiff from harm caused by its defective product. Negligence claims are based upon the fact that the defendant owed a duty to exercise reasonable care under the circumstances. Claimants should contact an experienced personal injury lawyer immediately after an accident to discuss their rights and options.

Contact Our Workers' Comp Lawyers Today

When a worker has been injured on the job, it is necessary to speak with a workers' compensation lawyer that handles all types of personal injury claims, including those related to auto accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, trucking accidents, and other types of accidents that can occur on the job. They will help each client get the maximum compensation they deserve.

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David Petrone
Date Published: July 11, 2022
David Petrone is a personal injury attorney at Justice Guardians.
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