Generally, it’s not possible for an employee to sue his or her employer for a workplace injury when they are protected by the law surrounding workers’ compensation, which is basically a no-fault rule. Neither the employer or the employee are considered at fault. Therefore, the employee enjoys health coverage and benefits while the employer receives no lawsuit.
Workers’ compensation is a state-mandated insurance program for paying workers who have experienced a work-related illness or workplace injury. Every state differs on the rules around workers’ comp. Are you eligible for workers’ compensation in Pennsylvania?
However, there are a few cases outside of workers’ compensation where an employee can sue the employer.
Can I Sue My Employer For A Workplace Injury?
Workers’ compensation usually protects the employer from lawsuit; however, if you believe that your employer intentionally caused you injury, you can skip the workers’ compensation system and sue your employer. You can sue your employer for all damages, including physical, mental, and emotional.
You can sue your employer for intentional injury, defective product, toxic substance exposure, injuries caused by third parties, and wrongful denial of workers’ compensation.
Sue For Intentional Injury
Neglectful or intentional harm from an employer is reason for filing a lawsuit. The damages from such harm does not have to be only physical. It can also include emotional distress or mental harm. Any one of the following list is grounds for an intentional injury lawsuit.
Fraud – a lie caused you to suffer injury
Assault – someone tried to harm you
Battery – physical injury by someone or something
Defamation – gossip that harms your reputation
Intentional infliction of emotional distress – a fellow worker or boss treats you so poorly that you are emotionally traumatized
Invasion of property – plastering your private information on a social platform
False imprisonment – confinement without legal authority
All of these are against the law. However, some work-related injury, even if intentional, may not be sued in specific states, including Pennsylvania. If you have a situation where you feel that your employer may have intentionally harmed you, contact us. We will help you establish if you have a case.
Sue For Defective Product
Most occupations require the use of specialty equipment. In some cases, equipment malfunctions causing injury to the user. And in those situations, the user may be able to sue not only his or her employer but also the company who manufactured the equipment.
The employer is even more responsible for an employee’s injury if the employer was aware that the product was defective but refused to replace or stop using the item.
If you have received an injury due to a defective product, contact legal counsel.
Sue For Toxic Substance
Chemicals used in certain professions cause harm to employees. These substances can be asbestos, benzene, silica, chromium compounds, radium, and others. Any substance that harms you can be grounds for a lawsuit or workers’ compensation. There are two types of injuries: acute injuries and latent injuries.
Acute Injuries
Acute injuries show up as an immediate reaction to toxic substances. These reactions might be chemical burns or poisoning. Generally, the injury appears instantly or soon after you come in contact with the toxic substance.
Although easier to prove in a lawsuit, a lawyer will help you improve your settlement.
Latent Injuries
Latent injuries are reactions that develop years after the exposure to the toxic substance. These reactions generally include lung cancer, asbestosis, and other lung diseases. Although these situations are much more difficult to prove in a lawsuit, it is not impossible, despite the amount of time that has passed since original exposure.
If you find yourself in this type of situation, call a lawyer immediately.
Sue For Injuries Caused By Third Parties
Sometimes an employee may suffer injury at no fault of his or her employer. Perhaps, a delivery driver was hit by another driver and received injury. In this scenario, the delivery driver could sue the other driver for damages.
However, it’s also possible that an employee is injured by another employee on the job. If the employer knew that the assailant employee had this problem but did nothing about it, the employer would be at fault. The injured employee could not only sue the employer but the other employee as well.
Sue For Wrongful Denial Of Workers’ Comp
When you apply for workers’ compensation due to a work-related injury, the system’s requirements must be exhausted before you can take your case to court. This means waiting until your claim has been processed. If you are planning to sue, retain a lawyer who will know your rights in Pennsylvania.
Sue Your Employer For Workers’ Comp
In some cases, your employer may not be insured despite Pennsylvania’s law. You can choose to sue your employer for damages, and in many cases, you will receive more money by going through the law than receiving workers’ compensation. However, you will need to prove that your employer was at fault for your injury. At this point, retaining a workplace injury lawyer for your case will ensure that your case is adequately supported and prepared for fighting for your rights under the law.
If you have suffered a workplace injury and you suspect that the injury was intentional, contact a lawyer who will know how to navigate your case and your rights under the law.
Don’t hesitate, talk to a workplace injury attorney: (412) 626-5626 or lawyer@lawkm.com
