To Sue…or Not

There are few things that come as a greater shock than a workplace injury or illness. After all, you spend a significant amount of time there and in the carrying out of your duties, usually without incident. But when you sustain an injury in connection with your job and it renders you unable to adequately execute the responsibilities of your position for any period of time, you are apt to lose income and to face unexpected medical expenses.

Fortunately, Pennsylvania law provides the state’s workers with protection for these situations in the form of the Pennsylvania Workers’ Compensation Act. The Act mandates that all employers (apart from a few specified exceptions) carry workers’ compensation insurance to pay the cost of medical care incurred by a workplace injury and to partially replace income lost as a result of missed work time or reduced capacity.

Limitations of the Act

Many workers who are hurt on the job feel wronged and want to pursue legal action against their employer. However, the Pennsylvania Workers’ Compensation Act stipulates that by accepting workers’ compensation benefits, an injured worker foregoes the right to a lawsuit unless particularly egregious negligence was present.

This measure was included to prevent the filing of frivolous actions, but it also runs the risk of infringing upon injured workers’ rights to justice, because most families need to accept workers’ compensation benefits in the wake of an accident so that they can remain financially afloat. To best maintain their right to sue, they would have to decline those payments, and for many families that is not a viable option.

If you have been injured in the workplace, the experienced Pennsylvania workers’ compensation attorneys of Lowenthal & Abrams, P.C., can help you to determine what your options may be. Contact us at 215-329-3511.