After a workplace injury in Pennsylvania, many employees wonder whether they can sue their employer in addition to filing a workers’ compensation claim. In most cases, the answer is no; Pennsylvania law generally prohibits injured workers from suing their employers for on-the-job injuries. However, workers’ compensation claims can become more complex when a third party may be responsible for the injury. Coverage issues can also arise if the injured worker is classified as an independent contractor, as contractors are typically excluded from workers’ compensation benefits.
If you’ve been injured at work, it’s important to speak with an experienced Pennsylvania workers’ compensation lawyer as soon as possible to understand your rights and options. Contact Munley Law today to discuss your case and learn what compensation may be available to you.
Pennsylvania Law on Workers’ Compensation
The Pennsylvania Workers’ Compensation Act makes workers’ compensation claims the exclusive remedy for most workplace accidents and illnesses. Under the Act, employers agree to pay medical benefits and lost wages to injured workers in return for exemption from work-related personal injury claims. Injuries caused by a coworker’s negligence are also covered under a workers’ compensation insurance policy. 
Nearly all employers in Pennsylvania are required to carry workers’ compensation insurance, though coverage is not extended to independent contractors. Injuries occurring within the scope of your job duties, including car accidents, slips and falls, and occupational diseases, are covered by workers’ compensation benefits.
Even if your employer seems willing to cooperate with your claim, you should meet with a workers’ compensation lawyer to ensure you receive adequate benefits.
Contact a Munley Law Workers’ Comp Attorney
Call Us At 844-686-5397 Exceptions to the Workers’ Compensation System
Pennsylvania’s workers’ compensation system makes exceptions for some specific situations:
- Intentional acts: If your employer or a coworker purposefully harms you, you may be able to file a personal injury lawsuit.
- Retaliation: If your employer retaliates against you because of a workers’ compensation claim, you may have grounds for a lawsuit.
- OSHA violations: If your employer fails to meet the standards and regulations laid out by the Occupational Safety and Health Administration (OSHA) and you are injured because of the violation, you may be able to sue your employer.
With a typical workers’ comp claim, you just have to establish that your injury or illness is related to your job. To file a lawsuit for one of the exceptions, you need a lawyer who can investigate your case and collect evidence that proves intent or negligence of OSHA standards.
“Munley Law is far more than just a law firm. We’re a family of attorneys who truly understand the meaning of family and bring deep compassion to every client we serve.”
J. Christopher Munley
What Is a Third Party Claim?
When a third party is responsible for a workplace injury, you may be entitled to both workers’ compensation benefits and compensation through a personal injury claim. Third-party claims are personal injury lawsuits filed against contractors, property owners, and other parties involved in your work but not your direct employer. Manufacturers and distributors may also be liable as third parties.
Workers’ compensation provides medical care and benefits for wage loss. A third-party claim enables the injured employee to receive compensation for pain and suffering, as well as other non-economic damages.
Munley Law will review your case and pursue personal injury claims against any additional parties. Call our law office today to schedule your free case review.
Suing Your Employer as an Independent Contractor in PA
Pennsylvania’s Workers’ Compensation Act does not provide coverage for independent contractors. An independent contractor may file a personal injury claim against an employer and recover compensation for lost wages, medical bills, and pain and suffering. 
If you are an independent contractor injured at work, you should meet with Munley Law for a free consultation. Our experienced lawyers will review your situation and job classification to ensure you recover the compensation you are owed, either through a personal injury lawsuit or a workers’ compensation case. Call Munley Law today to schedule your free case review.
Speak To a Workers’ Compensation Attorney Now
Hire an Experienced Workers’ Compensation Attorney in Pennsylvania
When you’re injured at work, you deserve compensation for your losses. Munley Law has nearly seven decades of experience representing injured workers throughout Pennsylvania. We have won industry awards and recognition from Best Lawyers, Super Lawyers, Irish Legal 100, and have the highest AV Preeminent rating from Martindale-Hubbell. We also have a certified workers’ compensation specialist on staff, and Christopher Munley was voted as Lawyer of the Year for Workers’ Compensation. Whether your employer or a third party is liable, Munley Law will make sure you recover what you are owed.
Munley Law will help you file your initial workers’ comp claim and review any settlement offers you receive. Our attorneys are committed to ensuring you have everything you need to heal.
Contact Munley Law today for a free consultation and let our legal team guide you toward the justice you deserve. There’s no fee unless we win your case.
J. Christopher Munley
James Christopher Munley is an award-winning plaintiffs’ lawyer who has dedicated his career to fighting for accident victims and their families. As a board-certified civil trial advocate, Chris was named Lawyer of the Year by Best Lawyers for Workers’ Compensation by Best Lawyers, and has been listed on Pennsylvania Super Lawyers since 2013.
