In the event you are injured while on the job you most likely will be able to claim compensation only through workers compensation. Everyone employed in private business as well as the federal government in all states is covered by either federal or state workers compensation laws. In effect this means that you cannot sue your employer for any damages that you received while working other than for a very narrow set of exceptions. Filing for workers compensation is usually the sole remedy that an employee has when involved in a work related accident, occupational disease or a cumulative trauma injury. The problem is that without getting a worker’s compensation attorney in PA involved you cannot claim for punitive damages, your claim will be limited to actual damages as allowed by the laws in the jurisdiction where the injury took place.
What are the exceptions that will allow you to file a lawsuit?
There are very limited circumstances when your workers compensation attorney in PA can sue your employer on your behalf in a civil court:
Intentional injury: If you are going to sue your employer using this premise the employer must have taken some specific and direct action, the intent being to cause you harm. If your boss punched you in the face, this is an example of an act that you can sue him for. The act must be intentional, failing to protect your well being through negligence is not acceptable, even the most careless act is still not enough to classify as intentional harm.
Insufficient or no workers compensation insurance: If an employer has insufficient Insurance or no insurance he is breaking the law. In these circumstances you can sue your employer to recover all the damages suffered as a result of your work related injury, disease or illness.
Even if a claim for workers compensation is denied you cannot sue your employer, your only alternative is to have your workers compensation attorney in PA file an immediate appeal with the administrators of the workers compensation appeals board.
Suing outside of workers comp
In the event you can prove one of the two exceptions as noted, you are not limited to the monetary amount granted by the workers comp insurance. As well as lost wages, reimbursement for any medical expenses you took care of and any compensation for a permanent impairment you can sue for punitive damages which include pain and suffering.
If you can prove your employer intentional harmed you or he does not have enough workers comp insurance you can hire a workers compensation attorney in PA and sue for actual and punitive damages. You are invited to discuss your situation with Business Name.
