In most cases, you are not able to sue your employer for a work injury. However, if you are injured on the job, certain circumstances do allow you to take legal action. For example, you may be able to move forward with litigation if:
When you get hurt at work or diagnosed with a work-related illness in Pennsylvania, you should qualify for workers’ compensation benefits. You may also qualify to pursue compensation from a third party who caused or contributed to your accident and injuries. At Berger and Green, our Pittsburgh workers’ compensation team can review your case for free and explain your legal options based on the facts of your case.
The Your employer can try to stop your Pennsylvania workers’ compensation benefits if they believe you can return to your previous job or another job that pays equal pay, or file to modify your benefits if they believe you can work a “light duty” job. You will need to counter their arguments to keep the workers’ compensation benefits you currently receive, and you only have a short time to act.
If you receive notice that your employer... If you have improved enough to work but cannot yet do the full duties of your previous job, you may be able to do “light-duty” work and still receive some of your workers’ compensation lost wage payment. Your medical coverage will continue to pay for all treatment.
It is imperative that your doctor lifts some of your work restrictions and approves of your new light-duty tasks before you return to work.
Can An Employee Be Fired While On Workers’ Compensation?
Updated June 21, 2024
Pennsylvania law allows employers to fire or lay off workers while they have an open workers’ compensation claim, but the employer must have a reason that shows they are not retaliating for the injury claim. While companies can generally fire “at-will” employees for any reason,...Can My Employer Stop My Workers’ Compensation Benefits?
Updated February 13, 2025
Can I Work While on Workers’ Compensation?
Updated February 13, 2025
Light-Duty Work Could...
