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.
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.