Many workers assume that the only way to obtain compensation for an on-the-job injury is to file a workers’ compensation claim.
In most cases, these workers are correct. However, there are times when the law allows an employee to file a personal injury lawsuit to attempt to recover compensation for a workplace injury.
The Harrisburg personal injury attorneys of Schmidt Kramer have created a quick guide to situations when you can file a lawsuit after an on-the-job injury. Review our guide and contact us so we can review your injury and determine if you have the right to file a lawsuit.
When You Can Sue Your Employer
The workers’ compensation system protects most employers from litigation over a workplace injury. However, there are three situations where injured workers still have the right to sue their employers:
- Your injury was caused by the intentional actions of your employer – In this type of case, your attorney must show that you were injured because of the malicious or willful actions of your employer. An example of willful actions would be your employer assaulting you.
- Your employer does not have workers’ compensation insurance – Most employers in the state are required to carry workers’ compensation coverage to provide benefits to injured workers. If your employer is required to have coverage but does not, you may be able to file a lawsuit over a workplace injury. Your attorney must prove that your employer is required to have coverage and that your injury was caused by your employer’s negligent actions.
Other Personal Injury Lawsuits You Could File
You may also have the option of filing a lawsuit against a third party that was at fault for your injury. Examples of third-party lawsuits include:
- Lawsuits against the manufacturer of a defective product that contributed to your injury
- Car accident lawsuits when the injury was caused by a negligent driver
- Lawsuits against the entity that oversaw a construction site, if it was not your employer
- Lawsuits against outside contractors or vendors for the errors they made on a jobsite that led to your injury
- Lawsuits over public utility issues, such as when a public utility provider’s lack of maintenance or incorrect line marking caused injury
Contact Our Personal Injury Lawyers Now
Knowing when to file a personal injury lawsuit along with a workers’ compensation claim can be tricky. This is why you should trust the guidance of our experienced personal injury lawyers.
The attorneys of Schmidt Kramer know workers’ compensation and personal injury law in Pennsylvania, and will evaluate your injury to determine what legal options are available for recovering compensation. We will help you pursue your case, working to secure compensation for your medical bills, lost wages, and pain and suffering.
Schedule a free, no-obligation consultation with our personal injury attorneys now. We operate on a contingency basis, so legal fees are only owed if we successfully help you recover compensation in your case.