I feel that my employer’s negligence caused my on-the-job injury. Why can’t I sue my employer?
You are injured and you are angry. You told your employer that your working conditions were hazardous; you said you were risking injury; and, now you are hurt. You want accountability. You want to file a lawsuit.
In general, workers in Pennsylvania and New Jersey you are barred from suing an employer for a workplace injury. This is because workers; compensation creates a no-fault system. Employers that provide workers’ compensation insurance for their employees are protected from liability for on-the-job accidents – it doesn’t matter who is at fault. So, in most cases, you can’t sue your employer for an injury that occurred at your workplace. But, there are exceptions.
Exceptions to the No-Sue Rule
- Your employer intentionally caused you harm. If you believe your employer intentionally caused the workplace injury, you can bring file a lawsuit. This means that your boss committed a specific act with the intent of harming you. You cannot file a lawsuit for negligence.
- Your employer doesn’t have enough workers’ compensation insurance to cover your injuries. If your employer cannot cover your injuries and lost wages with Workers’ Compensation, you may file a lawsuit to recover damages related to your injury.
- Your employer violated OSHA safety regulations. You may receive workers’ compensation and pursue additional damages if OSHA determines that your injury occurred because your employer violated federal safety rules.
Third-Party Lawsuits
If you were harmed at work and someone other than you or your employer is responsible, you have a right to sue the responsible party. If your injury was caused by a defective machine, you can file a lawsuit against the machine’s manufacturer. If you were injured because a subcontractor was careless, you can file a lawsuit against the subcontractor.
Call Us, We’ll Tell You if You Have a Workplace Injury Case
Employment law is complicated. It can be hard to determine whether you have a workers’ compensation claim, a civil claim against your employer, or a third-party claim. Our personal injury attorneys will be happy to tell you the best way to get compensated for your injury. The consultation is free, and there is no obligation.
