Can I File a Personal Injury Lawsuit After Being Injured at Work?

You go to work each day. You mind your business, do your job, and work hard to earn a living. Then, something goes terribly wrong. You are seriously injured while on the job, and you are no longer able to work. Thankfully, you have rights. Now comes the important question that has the ability to significantly impact your future: Can I file a personal injury lawsuit after being injured at work?

Unfortunately, there is no simple “yes” or “no”  answer to this question. The exact circumstances surrounding each case are unique, and all the details must be closely examined before any type of legal action can be taken. The fact of the matter is that injuries at work do happen, and even the most hardworking and rule-abiding individuals run the risk of facing serious injuries that could significantly impact both their quality of life and careers.

After an injury has occurred, the first step is to determine whether the scenario qualifies for a personal injury lawsuit or a workers’ compensation claim.

Workers’ Compensation vs. Personal Injury: What’s the Difference?

The first step after a workplace injury is determining whether your situation qualifies for a workers’ compensation claim, a personal injury lawsuit, or potentially both.

• Workers’ compensation is a no-fault system. You don’t have to prove anyone was negligent. If you were injured at work, even if it was your own error, you’re typically entitled to medical care and partial wage replacement.
• Personal injury lawsuits, on the other hand, require you to prove that someone else’s negligence caused your injury. These claims enable a broader range of damages, including pain and suffering, future medical expenses, and additional costs.

Can You Sue After A Workplace Injury?

In most cases, you cannot sue your employer or co-workers due to workers’ compensation laws, which provide them immunity in exchange for offering you coverage. However, there are important exceptions.

You may be able to file a personal injury lawsuit against a third party if their negligence contributed to your injury.

Examples include:

• An equipment manufacturer whose defective machine injured you
• A subcontractor on a shared job site who failed to follow safety protocols
• A property owner whose hazardous conditions led to your fall

These third-party liability claims are a key area where personal injury law intersects with on-the-job injuries, and they can result in significantly higher compensation than workers’ comp alone.

Statute Of Limitations And Notice Requirements

Timing is critical when pursuing any kind of legal claim. Both workers’ compensation and personal injury lawsuits have strict deadlines:

• Workers’ Compensation: You must report your injury to your employer within 30 days in Pennsylvania. You typically have up to three years to file a formal claim.
• Personal Injury Lawsuits: In Pennsylvania, the statute of limitations is generally two years from the date of injury, though certain exceptions (like discovery of harm later) may apply.

Missing a deadline can result in losing your right to pursue compensation, so it’s important to speak with a qualified attorney as soon as possible after your injury.

What Can You Recover In A Workplace Lawsuit?

A key difference between these two legal paths is the scope of compensation available.

Workers’ Compensation Covers:

• Necessary medical treatment
• Temporary or permanent disability benefits (partial wage replacement)
• Vocational rehabilitation in some cases

It does not cover:

• Pain and suffering
• Emotional distress
• Punitive damages

Personal Injury Lawsuits May Include:

• Full coverage of current and future medical bills
• Lost income and reduced future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (in rare cases involving egregious wrongdoing)

These broader damages can be crucial for injured workers whose lives have been permanently altered by a preventable accident.

Are There Exceptions To Employer Immunity?

While most employees cannot sue their employer for negligence, there are rare exceptions where legal action may be allowed:

• Intentional harm: If your employer deliberately caused your injury (e.g., assault), a lawsuit may be permitted.
• Lack of workers’ compensation insurance: If your employer failed to carry required insurance, you may be able to sue directly.
• Misclassification: If you were wrongly classified as an independent contractor, you may not be covered by workers’ comp and could sue the company as a third party.

These cases can be complex and fact-specific, so working with a personal injury attorney is essential to evaluating your options.

Ross Feller Casey Gets Real Results For Injured Workers

As one of the top personal injury law firms in Pennsylvania, Ross Feller Casey has a proven track record of obtaining seven- and eight-figure recoveries for clients and their families. For example, our attorneys obtained $10 million for the family of a 40-year-old welder who was killed when a pressurized tank exploded. Additionally, $8 million was recovered for a factory worker who was injured while on the job.

If you or a loved one has been injured at work, you may be eligible for more than just workers’ compensation. Our team can evaluate your case, identify potential third-party liability, and pursue the maximum compensation available to you under the law.

Contact us today for a free consultation. We handle all cases on a contingency basis, so you pay nothing unless a financial recovery is made in your case.