- Suing Your Employer: The “Exclusive Remedy” of PA Workers’ Comp You’ve been seriously injured at work in Pennsylvania, and you believe your employer was negligent. You want to sue them for what happened. This video will explain why this is generally not possible and will introduce the concept of “exclusive remedy” in Pennsylvania workers’ compensation law.
- The “Exclusive Remedy” Rule: We’ll explain the core principle: the Pennsylvania Workers’ Compensation Act is considered the “exclusive remedy” for a work-related injury. This means that in exchange for the no-fault system, an employee gives up their right to sue their employer for negligence.
- The Trade-Off: We’ll clarify the trade-off: you get benefits without having to prove fault, and your employer gets protection from lawsuits.
- Very Rare Exceptions: We’ll introduce the very rare exceptions to this rule. A few examples might include:
- When an employer fails to carry workers’ compensation insurance.
- When an employer intentionally causes your injury.
- When a company acts as a third party, such as a contractor.
- Third-Party Claims are Different: We’ll emphasize that this rule only applies to your employer. You may still be able to sue a third party, which is covered in another video.
- Get Legal Advice: We’ll conclude by strongly advising viewers to consult with a Pennsylvania workers’ compensation lawyer. Only an experienced attorney can review the facts of your case to determine if a rare exception applies that would allow you to sue your employer.
This video is for any injured worker in Pennsylvania who is wondering if they can sue their employer for their work injury.