Can I Sue My Employer for a Work-Related Injury?
After suffering an injury at work or while performing a work-related duty, you will likely receive workers’ compensation insurance to compensate you for the damages suffered and the time away from work. By having workers’ compensation insurance, the company is generally protected from claims brought forth by employees. This system was established as a trade-off where employees give up their right to sue employers in court in exchange for the right to collect workers’ compensation benefits. This is in effect regardless of who is at fault for the injuries.
There are some exceptions to this no-fault system, however.
Your Employer Intentionally Caused You Harm
If you have reason to believe that you were intentionally injured at work, you can bring a claim for intentional tort in civil court. Tort injuries do not always fall under the category of physical harm. For instance, emotional distress can also be classified as injustice. In order to sue for intentional harm, however, it must be proven that your employer’s actions were done for the purpose of causing you harm.
Your Employer Has Insufficient or No Workers’ Compensation Insurance
In Pennsylvania, it is required that most businesses carry workers’ compensation insurance. If, for whatever reason, your company does not have insurance, you are likely able to sue for damages. Employers also may have inadequate insurance to properly cover your case, in which case you can go after the full amount of recompense you deserve.
Talk to An Attorney for Answers
If your workers’ compensation claim is denied, you may still not be able to sue your employer. If this occurs, your best course of action will likely be to file an appeal.
If you do see fit to sue your employer for your injuries, you will need to file specific documents. These are often complex and filled with legal lingo that is best handled by an attorney who can help you through the filing process. Feel free to talk to us at your earliest convenience. With more than 50 years of combined experience, you can count on us to know what steps to take!