Can I Sue My Employer When I am Injured at Work?
One of the most common questions we get is can I sue my employer for pain and suffering or inconvenience or loss of services to my household when I have been injured because of negligence or carelessness on the part of my employer?
Most of the time the answer is no. Your employer cannot be sued because of work related injuries. Workers compensation is considered a "no fault" benefit. This means that if the injury is your fault, or the fault of your employer's negligence or even a co-worker, your only benefits are provided by workers' compensation regardless of fault. The employer is not subject to a lawsuit in the civil courts for additional elements of damages or losses such as pain and suffering, inconvenience, etc. Lawsuits against co-workers whose negligence may have resulted in a workplace injury are also barred by the workers' compensation law.
Third Party Claims
A different rule applies, however, to injuries that occur as a result of the negligent or careless conduct of a third party (the injured worker being the first party and the employer being the second party). These lawsuits, called third party cases in the workers' compensation business, frequently occur when the negligent conduct of this third party results in the workplace injury. For example, a traveling salesman injured in a car accident could possibly receive workers' compensation benefits because the injury occurred in the course of employment but could bring a third party action against the driver of the other vehicle in the collision.
Third party cases for injuries are handled in the civil courts, not the workers' compensation system.
Contact Us
Contact the Pittsburgh and Philadelphia workers compensation attorneys at Caroselli Beachler McTiernan & Conboy, L.L.C., by calling us at 412-567-1232 in Pittsburgh or Western Pennsylvania, 215-792-6153 in Philadelphia or Eastern Pennsylvania or toll free at 866-466-5789. You may also complete our online contact form. Initial consultations are free and confidential.
For your convenience, we are available to come to your home, hospital or union hall to talk with you and your family about your rights under the Pennsylvania Workers' Compensation Laws.
