Suing Over a Work Injury in Pennsylvania
When Pennsylvania law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Generally no. The employer's liability under the Workers' Compensation Act is exclusive and in place of any other liability to the worker, spouse, parents, dependents or anyone else entitled to damages for a work injury or occupational disease. Workers' Compensation Act §§ 303(a), 305(d)
| Suing your employer | Generally no. The employer's liability under the Workers' Compensation Act is exclusive and in place of any other liability to the worker, spouse, parents, dependents or anyone else entitled to damages for a work injury or occupational disease. The statute's main exception is an employer that fails to insure or self-insure: then the worker may either claim under the Act or sue the employer for damages at law. Other exceptions recognized by Pennsylvania courts were not reviewed. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
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| Suing someone other than your employer | Yes. When a third party causes the injury, the worker (or family) may sue that third party. The employer is subrogated to the worker's recovery to the extent of compensation payable; attorney fees and costs are shared in proportion to the compensation paid at the time of recovery, and any excess recovery goes to the worker and is treated as an advance on future compensation. The employer and its insurer cannot be held liable to the third party for contribution or indemnity unless a prior written contract expressly provides for it. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
| If your employer has no workers' comp | If the employer has no workers' comp insurance or self-insurance, the worker may either proceed under the Act or sue the employer for damages at law. Benefits can be paid by the Uninsured Employers Guaranty Fund: the worker must notify the Fund within 45 days after learning the employer was uninsured, and may not file a claim petition against the Fund until at least 21 days after that notice; the petition names both the employer and the Fund. Failing to insure is a third-degree misdemeanor (a third-degree felony if intentional), each day is a separate offense, and the Department pursues reimbursement from the employer. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
Where to get help in Pennsylvania
More Pennsylvania workers' compensation
- Filing a Workers' Comp Claim in Pennsylvania
- How Much Workers' Comp Pays in Pennsylvania
- Workers' Comp Settlements in Pennsylvania
- Retaliation for Filing Workers' Comp in Pennsylvania
- Appealing a Denied Workers' Comp Claim in Pennsylvania
- All Pennsylvania workers' compensation rules
FAQ
Can you sue your employer for a work injury in Pennsylvania?
Generally no. The employer's liability under the Workers' Compensation Act is exclusive and in place of any other liability to the worker, spouse, parents, dependents or anyone else entitled to damages for a work injury or occupational disease. The statute's main exception is an employer that fails to insure or self-insure: then the worker may either claim under the Act or sue the employer for damages at law. Other exceptions recognized by Pennsylvania courts were not reviewed.
Can you sue a third party for a work injury in Pennsylvania?
Yes. When a third party causes the injury, the worker (or family) may sue that third party. The employer is subrogated to the worker's recovery to the extent of compensation payable; attorney fees and costs are shared in proportion to the compensation paid at the time of recovery, and any excess recovery goes to the worker and is treated as an advance on future compensation. The employer and its insurer cannot be held liable to the third party for contribution or indemnity unless a prior written contract expressly provides for it.
What if my employer doesn't have workers' comp insurance in Pennsylvania?
If the employer has no workers' comp insurance or self-insurance, the worker may either proceed under the Act or sue the employer for damages at law. Benefits can be paid by the Uninsured Employers Guaranty Fund: the worker must notify the Fund within 45 days after learning the employer was uninsured, and may not file a claim petition against the Fund until at least 21 days after that notice; the petition names both the employer and the Fund. Failing to insure is a third-degree misdemeanor (a third-degree felony if intentional), each day is a separate offense, and the Department pursues reimbursement from the employer.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.