An Aggressive Advocate, When You Need It Most.

Can I file a lawsuit against my employer for a work injury?

Published on Oct 23, 2019 at 6:16 pm in workers' compensation.

We at Stapp Law, LLC understand the Pennsylvania workers’ compensation system can be confusing. Knowing how to file and when to file a claim is not always crystal clear. You may not even be sure you can collect benefits. One question we often hear is about the right to sue your employer for an injury or accident. It is important to understand the structure of the workers’ compensation system to answer this question.

Workers’ compensation is a no-fault system. That means you receive benefits without having to prove your employer was at fault, and your employer provides those benefits without admitting guilt. In most cases, you cannot sue your employer for an injury because you wave that right as part of accepting the workers’ compensation benefits.

There are times, though, when you still may have a civil case. If a third party is involved in the situation, it is not immune to a lawsuit. You may be able to gain damages that you cannot get through workers’ compensation.

It is important to understand that your benefits may not cover every aspect of your injury. Generally, workers’ compensation covers your medical expenses related to the injury and may cover some lost wages. However, there may be additional costs that are not covered by your benefits, which could make seeking a lawsuit against a third party beneficial for you.

You could recover damages to help pay for lost wages not paid by workers’ compensation, pain and suffering and other financial needs arising from the injury. Our page on workers’ compensation can provide you with more information about your rights.

Request Attorney Consultation

Call us or fill out the form below to schedule a confidential case evaluation. We can help you determine if you need a lawyer, if you have a potential case, and if so, what your next step should be.

Legal & Firm News

Is Lane Splitting Legal in Pennsylvania?

When you ride along with motorcyclists here in Williamsport or elsewhere in Pennsylvania, how often do you notice them attempting to navigate around other vehicles when traffic congestion exists? You likely notice it quite a bit, which may lead you to wonder if their actions are lawful. While some states allow motorcyclists to split lanes, […]

Read More

How To Calculate the Costs of Future Medical Care

People who suffer paralysis, amputation, cognitive impairment, or other catastrophic injuries typically require medical care for the rest of their lives. Even less-permanent injuries like broken bones and burns can require months or years of treatment and therapy. This often amounts to tens of thousands of dollars in bills. If you were hurt suddenly and […]

Read More

How Is Nursing Home Abuse Investigated?

The decision to place a loved one in a nursing home is never easy. However, depending on a parent’s or grandparent’s illness, injury, or severity of their condition, a nursing home is often the safest place for them to be. Residential nursing home facilities provide services (including round-the-clock care) that Pennsylvania families are simply not […]

Read More