If you were injured at work, you might wonder whether you can sue your employer – or someone other than your employer. Your ability to make a legal claim will depend on the specific circumstances surrounding your situation. An experienced personal injury attorney can review your case and explain your legal rights during a free consultation.
Can I Sue My Employer After a Workplace Injury
Sometimes employees feel that their employers are negligent in causing their workplace injuries and wonder whether they can hold them legally responsible. However, in most situations, employees cannot sue their employers. Instead, workers’ compensation is usually their exclusive remedy against their employer in Pennsylvania.
Workers’ compensation is a no-fault insurance system. Employers who carry workers’ compensation are generally protected from liability for on-the-job accidents. In exchange, workers gain access to certain benefits and don’t have to prove their employer was negligent to collect them.
Despite the exclusive remedy rule, there are some exceptions for when a worker may be able to sue their employer, such as:
- Your employer intentionally harmed you: If your employer, a coworker, or someone else intentionally harmed you, you may be able to file a lawsuit. Workers’ compensation is designed to protect workers who are injured due to accidents, illnesses, or negligence, not acts of violence or intentional acts to harm others.
- Your employer does not have adequate workers’ compensation: If your employer failed to purchase sufficient insurance and cannot cover your injuries and lost wages with workers’ compensation benefits, you may be able to file a lawsuit against your employer to recover damages.
- Your employer violated OSHA safety rules: You could pursue additional damages if OSHA determines that your workplace injury occurred because your employer violated its federal safety regulations.
While the workers’ compensation system is supposed to be straightforward, many injured workers find that it is not. Their claims may be denied, delayed, or undervalued, necessitating the involvement of an experienced workers’ compensation lawyer.
What Is a Third-Party Claim?
Due to the limitations surrounding suing your employer after a workplace injury, injured workers often consider whether there are other parties they can sue to recover compensation for their accident-related injuries and losses. In some instances, injured employees may be able to file a third-party claim, which is a legal claim against someone other than their employer. If someone other than your employer is responsible for your workplace injury or disease, you might be eligible to file a personal injury claim.
This legal claim is in addition to any workers’ compensation claim that you file. It allows you to recover compensation for damages that you would not otherwise be able to recover in a workers’ compensation claim, such as pain and suffering.
Third-party claims may be based on various legal theories, including:
- Negligence: Negligence is the failure to act in a reasonable manner as a reasonably prudent person would under the circumstances in such a way that it causes injury to another.
- Strict liability: Strict liability laws sometimes apply in cases involving dangerous instruments. If a party violated the law or safety regulation that was intended to protect you, the party may be held legally liable without you having to show they were negligent.
- Premises liability: Premises liability holds property owners responsible for injuries that occur on their property due to dangerous conditions thereon.
- Product liability: If a defective product injured you, you may be able to file a claim against the manufacturer or another party responsible for your injury.
Who May Be Responsible for Your Workplace Injury?
Besides your employer, various parties could share in liability for your workplace accident. Possible third parties you could have a viable claim against include:
Product Manufacturers
Manufacturers of equipment and other products are responsible for producing products that are safe to use as designed. Nonetheless, many workers are injured every year due to unsafe machinery or equipment. If you are injured due to a malfunctioning product, a poorly designed product, or a product that does not have sufficient warnings, you could have a viable product liability claim. Examples include:
- Machinery without point of operation guards, such as punch presses, press brakes, shears, latches, or milling machines
- Machinery with unguarded shafts or in-running nip points
- Machinery with defective gauges, valves, controls, or switches
- Unsafe industrial equipment, such as power tools, electrical equipment, lifting devices, or ladders
- Motor vehicles or forklifts with defective auto parts
- Ineffective personal protective equipment or safety devices
- Inadequate safety equipment that did not protect a worker from toxic exposure as it was designed to
If you were injured by a defective product at work, you may be able to file a product liability lawsuit against the manufacturer, retailer, or anyone in the product’s chain of distribution if you can prove the following legal elements:
- You were injured by a product.
- The product was defective and unreasonably dangerous.
- The defect existed when the product left the defendant’s control.
- You suffered damages from the defective product.
An experienced attorney can review your case and determine if you have a viable product liability claim.
Manufacturers of Toxic Substances
Another situation when a third-party claim may arise is if a worker is injured due to exposure to a toxic substance, such as asbestos or silica, while working. In these situations, the injured worker may be able to file a claim against the seller of dangerous chemicals or the manufacturer of the toxic substance. The manufacturer could be responsible if they did not warn of dangers, did not provide adequate precautions, did not list symptoms of toxic exposure, or did not provide sufficient information about what to do if exposed.
An experienced lawyer can review your situation to determine if you have a valid claim to make a toxic tort case.
General Contractors
Construction site managers or general contractors may be responsible for maintaining a safe workplace environment and can be held liable when injuries occur on their watch.
Subcontractors or Independent Contractors
A subcontractor from another company or an independent contractor could be responsible for a workplace accident on a shared job site. For example, vendors or suppliers could create dangerous conditions that contributed to your injuries.
Property Owners
If you are injured while working on someone else’s property, you may be able to file a premises liability claim against the property owner. Dangerous conditions that could injure workers on others’ property could include:
- Electrical hazards
- Lack of safety measures, such as handrails or adequate lighting
- Failure to provide safety equipment
- Wet or slippery surfaces
- Unmarked holes or loose flooring
- Uncleaned job sites
Motorists
A leading cause of injury in the workplace is motor vehicle accidents. If you were hit by another driver, you may be able to file a personal injury claim against them, as well as a workers’ compensation claim with your employer.
While you might have legal grounds to file a third-party claim against one or more of the parties identified above, doing so can be more difficult than filing a workers’ compensation claim because you have to prove the third party was negligent for causing you harm. An experienced personal injury attorney can review your situation and determine if you have a viable case.
Third Party Claims vs. Workers’ Compensation Cases
You may be able to file a workers’ compensation claim and a third-party claim. Before taking legal action, it’s important that you understand the key differences between these two types of claims, which include the following:
- Fault: Workers’ compensation is a no-fault system, so you don’t have to prove your employer is negligent to recover benefits. However, a third-party claim requires you to show that the defendant was at fault for causing your accident.
- Benefits: Workers’ compensation provides medical and wage-loss benefits, while third-party claims allow you to seek additional damages, including pain and suffering. You can also recover the full value of your lost wages, not just a portion like those available under workers’ compensation.
- Statute of limitations: You must notify your employer within 21 days of a workplace accident and file a workers’ compensation claim within three years from the date of injury. You must file a personal injury lawsuit within two years of the accident date.
A lawyer who understands the key differences between workers’ compensation claims and personal injury claims can be pivotal when determining which type of claim(s) to file.
Financial Compensation You Can Recover Through a Third-Party Claim
One of the most significant differences between workers’ compensation claims and personal injury claims is that your damages are not limited to personal injury claims, as they are with workers’ compensation claims. With a third-party claim, you could recover compensation for the following damages:
- Medical expenses: Third-party claims can cover all necessary medical care, including ongoing therapy, rehabilitation, surgeries, and assistive devices, not just medical care from approved providers, as workers’ compensation limits medical benefits.
- Income replacement: Third-party claims can compensate you for 100% of your past and future lost wages, not just the percentage that workers’ compensation covers.
- Pension fund losses: You can pursue compensation for losses to your pension or retirement fund caused by being out of work.
- Rehabilitation services: You can potentially recover compensation for physical, occupational, and vocational rehabilitation services to help you adapt to your disability or train for a new job.
- Home assistance and adaptation costs: You can pursue compensation for costs you incur for home care or to make modifications to your home to accommodate a disability.
- Permanent disability: You can seek compensation for permanent disabilities, lasting impairments, and other long-term losses associated with your workplace injury through a third-party claim.
- Pain and suffering: You can seek compensation for your physical pain, suffering, and discomfort.
- Psychological trauma: With a third-party claim, you can pursue compensation for depression, anxiety, PTSD, emotional distress, and mental anguish stemming from a workplace injury.
Contact Our Experienced Attorneys for a Free Consultation
If you were injured at work, you should consult an attorney who understands the workers’ compensation system and personal injury claims. Multiple claims may be able to help you maximize your financial recovery. Contact Cousin Benny Personal Injury today for a free consultation.
