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A work-related injury can prove devastating in many ways. In addition to temporarily or permanently losing your ability to perform your job, you may incur massive medical expenses that you can't hope to pay for yourself. In such a scenario, you may wonder whether you should pursue workers' compensation or a lawsuit.
Once you understand the areas in which workers' compensation claims and personal injury lawsuits differ or overlap, you should have a clearer idea of how to proceed and what kind of legal representation you may require. Check out these questions and answers about workers' compensation claims versus lawsuits.
Like many other states, Pennsylvania includes an exclusive remedy provision in its workers' compensation law. This provision establishes that most workers can use only this pathway toward receiving financial compensation from the employers in the event of a workplace accident injury.
The exclusive remedy provision aims to safeguard employers who have purchased workers' compensation insurance against other compensation remedies such as personal injury lawsuits. For workers, it serves as a relatively reliable method for obtaining compensation rather than a lawsuit, which they might end up losing.
Workers' compensation covers a wide range of work-related injury scenarios. Common examples include slip and fall injuries, repetitive motion injuries such as carpal tunnel syndrome, and injuries while driving a company vehicle. However, workers' compensation doesn't cover every kind of injury an employee might sustain.
If you had intoxicating levels of drugs or alcohol in your blood at the time of your injury, inflicted the injury yourself, violated safety protocols, or sustained your injury away from work, workers' compensation may not cover your injury. In these cases, the insurance company may succeed in showing that your employer holds no liability to pay.
Workers' compensation insurance doesn't safeguard employers against lawsuits in every possible injury event. The exclusive remedy provision doesn't extend to situations in which the employer deliberately inflicted the injury or failed to maintain their coverage.
If your employer has failed to maintain workers' compensation insurance, you have the right to file a personal injury lawsuit to pursue the compensation you need and deserve. In addition to compensation for expenses and loss of income, you may also have the opportunity to sue for damages such as pain and suffering.
You may find it surprising that you can still file a workers' compensation claim instead of pursuing a lawsuit, even if your employer doesn't carry insurance. The Uninsured Employers Guaranty Fund can provide the necessary financial compensation in such cases, eliminating any uncertainties about your judgment and award.
You may also have an opportunity to file a personal injury lawsuit if your injury involves a third party not covered by workers' compensation insurance. For example, if your injury stems from a defective tool or part, you could sue the maker of that component. If a contractor injured you in your duties, you could sue the contractor.
Third-party work injuries may permit both types of financial remedy simultaneously. Your employer may need to fulfill its obligations to compensate you for the work-related injury, while a judgment against the third party could result in a substantial separate award including both tangible and intangible damages.
The question of what work-related injury compensation you can or should seek can hold some unexpected complexities. If you need help understanding your options and planning a sound legal strategy, Porta-Clark & Ward has a wealth of experience and expertise in this area. Contact our law firm today with any questions you have.