Getting injured while on the job can be a traumatic experience, both physically and emotionally. The pain and suffering that come with such an event can cause severe long-term damages. If you’re an employee who has suffered a work-related injury in Pennsylvania, you might wonder if you’re eligible to sue your employer for pain and suffering.
In Pennsylvania, there are laws that protect employees who were hurt at work and ensure compensation for their injuries. In this blog post, we’ll explore the answer to the question “Can I Sue My Employer for Pain and Suffering If I Was Injured in the Course and Scope of My Employment in Pennsylvania?”
The short answer is no, you cannot sue your employer for pain and suffering as a result of a work-related injury in Pennsylvania. However, there are other avenues through which you can obtain compensation.
Workers’ Compensation: If you get injured while performing your job duties, your employer is required to pay for your medical expenses related to the injury under Pennsylvania’s Workers’ Compensation Act. You may also be entitled to receive wage-loss benefits if you’re unable to work due to your injury. However, this compensation is not limitless, and there are limits that apply to the amount of compensation you can receive.
Personal Injury Lawsuit: In some cases, you may be eligible to file a personal injury lawsuit against a third party who caused your injury while you were performing your job duties. For example, if you were injured in a car accident caused by another driver while you were driving a company vehicle, you could sue the other driver for their negligence. However, if your employer caused the injury, then you cannot sue for personal injury.
Negligence Lawsuit: Although you cannot sue your employer for pain and suffering resulting from a work-related injury, you can sue them for negligence if they acted recklessly or intentionally caused the accident. For instance, if an employer instructed you to use a defective piece of equipment or failed to provide proper training, which resulted in your injury, you can sue them for negligence.
Wrongful Termination: If you’re fired in retaliation for filing a workers’ compensation claim or seeking benefits for your injury, you can sue your employer for wrongful termination. It is illegal for an employer in Pennsylvania to retaliate against an employee that files a workers’ compensation claim.
In Pennsylvania, you cannot sue your employer for pain and suffering if you were injured while performing your job duties. However, there are other options that you may pursue to obtain compensation. You can file a claim for workers’ compensation, pursue a personal injury lawsuit against a third party, sue your employer for negligence, or file a wrongful termination lawsuit if you’re fired for seeking benefits.
At Ciccarelli Law Offices, we have a team of skilled attorneys who can help you navigate this complex legal process. We are compassionate and understanding and will work tirelessly to ensure you get the compensation you deserve. Contact us today to schedule a free consultation to learn more about your legal options.