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:
- You were intentionally injured
- You were injured by a defective product
- You are a contractor or subcontractor
In Pennsylvania, if you are injured while working, you will likely have the opportunity to go through the channels of workers’ compensation. This provides a method for many people to be able to support themselves following an accident. Yet, in some situations, claimants may want to seek other routes of compensation.
Scenarios Where You Can Pursue Legal Action to Sue Your Employer
As mentioned, employees cannot typically sue their employers for work-related injuries. The following scenarios outline situations where you can sue for damages.
If you were intentionally injured by a co-worker (or a supervisor) while on the job, you must prove that you were “on the clock” when the incident occurred. Based on the details of your situation, this may bar you from seeking workers’ compensation. In that case, you would be able to move forward with a civil action. To increase your chances of a favorable outcome, you will need to have proof that the party in question purposefully injured you.
Speaking with a lawyer can help explain your options for compensation.
Let’s say that you were working on a construction site when a machine malfunctioned and injured you. In this case, you would have the basis of a product liability lawsuit. You would not sue your employer, but rather the company that made the product that caused you harm.
You Do Not Officially Work for the Company
You may be able to sue an employer when you are working as a hired contractor or subcontractor. Independent contractors can file personal injury lawsuits because they technically are not employees. This means that independent contractors can sue for compensation when the hiring company acts negligently and causes their injuries.
For a free legal consultation, call (412) 661-1400
Understanding the Pennsylvania Workers’ Compensation Act
The Pennsylvania Workers’ Compensation Act helps Pennsylvania residents understand their legal recourse options when injured in the workplace. Under this act, employer-provided insurance is issued for injury victims. This is typically your main option for recovering financial compensation after a workplace injury. The money you receive from workers’ compensation can help you with lost wages, medical bills, and any future expenses.
After an injury at work, you may also experience denials from insurance providers. If this happens, litigation could be your only tool to get the money you need to cover your injury-related expenses. When you run into these types of situations, a personal injury lawyer may be able to add clarity to an already challenging situation.
Seek Justice with a Workers’ Compensation Lawyer
At Berger and Green, our team of personal injury lawyers has 40 years of experience with personal injury cases, including workers’ compensation law. We understand that hard-working Americans are constantly at risk of being injured while on the job. While it might seem daunting to pursue a civil action, a personal injury lawyer from Berger and Green can take on your legal burdens while you focus on recovering from your injuries.
Some of the services that our team provides include:
- Managing communications with the involved insurance parties
- Investigating the details of your accident and injury
- Guiding you through the workers’ compensation process
- Explaining your legal rights so that you can make informed decisions
- Estimating the cost of your incurred expenses
- Moving forward with action within state-mandated guidelines
- Taking your case to court, if your situation qualifies
- Advocating for your protections under the law
If you choose to sue for a work injury, we render services that will meet the needs of your case.
Call Berger and Green Today
If you or a loved one has been injured at work and needs help with workers’ compensation or civil action, call Berger and Green at (412) 661-1400 today. We can help you get the money you deserve through the most appropriate course of action.
If we are unable to get you workers’ compensation, we can determine what your legal options are and go from there. Our team works on a contingency basis, meaning that when you work with us, there are no upfront fees or payments. We only get paid if we are successfully able to represent your interests. Your time to act may be limited, so call today.