When an Employee Can Sue

In general, when workers are injured on the job, they are not eligible to sue their employer. Their injuries are likely covered under workers’ compensation law, which is governed by each individual state and in many cases has set guidelines for payment.

There are some circumstances, though, when a worker can be injured on the job and can sue. Generally speaking, this will be any category that does not fall into workers’ compensation. An example might be a situation in which an employer intentionally harmed an employee. This would not fall under typical workers’ compensation guidelines, and would be grounds for a claim to be made against the employer.

Also, product liability issues are grounds for a claim that is not included in workers’ compensation. This is because the claim may be against the product’s manufacturer, not the individual’s employer. Also, if the injury occurs off-site, not on the employer’s property, then a suit could be made against the company in charge of that site.

Also, if a third party is on the employer’s premises and does something that results in an injury to the employee, then workers’ compensation is not invoked, and a suit may be brought against that third party. These are merely general guidelines for what may result in a workers’ compensation claim and what may not.

Contact Us

If you or someone you love has been injured at work and are not sure if the injury falls under workers’ compensation jurisdiction, contact the Pennsylvania workers’ compensation lawyers of Lowenthal & Abrams, P.C. by calling 610-667-7511.