Can an employee sue an employer for a work accident in Pennsylvania?


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In general, employees are barred from suing employers for work accidents or on the job accidents. This is the underlying principle of workers’ compensation. Employers get a “get out of jail free” card in exchange for giving workers’ compensation benefits to employees. The problem with this system is that in theory, it allows employers to be negligent when it comes to employee safety. However, many states such as Pennsylvania and New Jersey recognize several exceptions to this general rule.

Some of the more commonly applied exceptions which allow an employee to sue an employer include:

  • employer’s intentional conduct,
  • personal nature, and
  • employer’s failure to obtain workers’ compensation insurance.

Click here to learn more about these three exceptions to employer liability in a work accident case in PA.

In addition it is important to note that the law is always changing and new theories of law are being advanced every day. The law of employer liability is evolving and in fact, has become more employee friendly over the past 10 to 15 years.

If you or a loved one was injured in a worksite/construction accident, it is important to speak to a worksite & construction accident lawyer immediately. Time is often of the essence in making work related accident claims. Call for a free consultation. Click To Call

Results by Our Pennsylvania and New Jersey Construction Site Accident Lawyers

  • $101 million – The collapse of a parking garage at the Tropicana Casino in Atlantic City that injured over 30 construction workers on the job and killed 4 men working on the project (largest construction accident settlement in U.S. history).
  • $13 million – The collapse of the Philadelphia Kimmel Center during its construction
  • $13 million – A workplace accident resulting in an above the knee amputation of the plaintiff’s right leg

See more work accident results.

Disclaimer: The lawyers at Laffey, Bucci & Kent provide quality legal advice to individuals after accepting their case. No attorney-client relationship is created by this website. Nothing on this site is intended to provide legal advice. Because every case is unique, discussion of prior outcomes and settlements in past cases is no guarantee of a similar outcome in current or future cases.