Can An Injured Employee Sue Their Employer?
Workers’ compensation coverage is a no-fault system. The employer provides insurance, and the employee agrees not to sue the employer. However, employees can sue third parties or the insurance company to recover compensation. The insurance company may not perform its due diligence or deny claims without any foundation or evidence.
Employees also cannot sue their negligent coworkers after an accident. Under Pennsylvania law, negligent coworkers are free from liability. Workers’ compensation insurance covers all medical and recovery expenses along with lost wages for the victim.
At AlpernSchubert, P.C., we highly recommend that victims speak to a lawyer to learn if exceptions to these rules apply to their situation. One significant exception is asbestos exposure. Some of the largest companies that once used asbestos in their daily work no longer exist or have been sued into bankruptcy. These companies were often required to establish asbestos trusts to pay for illnesses that occur, in some cases, up to 30 or 40 years after the worker left their position. Under these circumstances, a lawyer can file a claim against the asbestos trust to recover monetary damages for a mesothelioma diagnosis or related conditions.
How An Experienced Workers’ Compensation Attorney Can Make A Difference
An experienced workers’ compensation lawyer can review your situation and provide you with useful information that may help you recover compensation. Workers’ comp cases often hinge on the timeliness of a report, a potential state insurance division investigation, and any documentation the insurance company has provided.
An exempt worker such as a housekeeper or independent contractor may sue for damages because they are not covered under workers’ compensation insurance. There is no trade-off because the worker did not receive standard coverage. Under Pennsylvania law, they have the right to sue for their medical expenses, recovery, lost wages and possible disability.
Protect Your Right To Compensation
Call a law firm dedicated exclusively to helping you recover. AlpernSchubert, P.C., is located in Pittsburgh, and we are proud to serve clients throughout western Pennsylvania. Call 412-506-9561 or send us an email today to schedule your free initial consultation.