Most people assume that if they’re injured at work, workers’ compensation is their only option. And in most cases they’re right. But not always. There are situations in Pennsylvania where you may have the right to file a lawsuit outside of workers’ compensation. Understanding the difference can have a major impact on your case and your compensation.

The General Rule: Workers’ Comp Is the “Exclusive Remedy”

In Pennsylvania, workers’ compensation typically prevents employees from suing their employer directly.

In exchange, workers receive:

  • Medical coverage
  • Wage benefits
  • No need to prove fault

But this system has limits.

When You MAY Be Able to Sue

1. Third-Party Liability

If someone other than your employer caused your injury, you may have a separate claim.

Examples include:

  • A contractor on a job site
  • Equipment manufacturers
  • Property owners

These cases can lead to significantly higher compensation than workers’ comp alone.

2. Intentional Harm

If an employer intentionally causes harm (which is rare), workers’ comp protections may not apply.

3. Defective Equipment or Products

If your injury was caused by faulty machinery or equipment, you may have a product liability case in addition to your workers’ comp claim.

Why This Matters

Workers’ compensation benefits are limited.

A lawsuit may allow you to recover:

  • Pain and suffering
  • Full lost wages
  • Additional damages not covered by workers’ comp

This can dramatically change the value of your case.

Not Sure What Applies to Your Situation?

This is where things get complicated and where most people leave money on the table.

At Pisanchyn Law Firm, we help injured workers:

  • Identify all possible claims
  • Determine if a lawsuit is an option
  • Maximize total compensation

Start Here If You Were Injured at Work

If you haven’t already, read this first: What to Do If You’re Injured at Work in Pennsylvania (Before You Talk to Insurance)

Free Consultation for Pennsylvania Workers

If you’ve been injured at work, don’t assume you only have one option. A quick conversation can uncover opportunities you didn’t know existed. Contact Pisanchyn Law Firm today for a free consultation.

FAQ:

Can I sue my employer for a work injury in PA?
In most cases no, but there are exceptions such as third-party liability or intentional harm.

What is a third-party claim?
It’s a claim against someone other than your employer who contributed to your injury.

Can I file both workers’ comp and a lawsuit?
Yes, in certain situations involving third parties.