Workers’ Compensation Lawyer 101: Can You Sue Your Employer for Negligence as an Injured Worker?

September 25, 2025 | Workers’ Compensation

Workers’ Compensation Lawyer 101: Can You Sue Your Employer for Negligence as an Injured Worker?

If you’ve been injured in a workplace accident in Pennsylvania, you may wonder about your legal options. Most employers must carry workers’ compensation insurance, which typically provides your only avenue for benefits. Even if your employer’s negligence caused the accident, workers’ comp is considered the exclusive remedy, meaning you generally cannot sue your employer. However, certain exceptions may allow you to file a personal injury lawsuit.

Overview of Pennsylvania Workers’ Compensation Benefits

Workers’ compensation is in place to provide financial support and relief to injured workers. 

Under the rules in Pennsylvania, an injured worker can receive:

  • Medical benefits (all medical treatment required due to the injury)
  • Lost wages (approximately two-thirds of your average wages)
  • Permanent disability benefits
  • Death benefits

Pennsylvania’s system is a no-fault system. This means that there is no need to prove who was at fault for your injury. You only need to show that you suffered the injury while working and performing your job duties.

Exceptions to the Exclusive Remedy Rule

Generally, workers’ compensation is an exclusive remedy. This means that if you are hurt on the job, you are limited to the benefits provided under workers’ compensation law. 

However, there are some situations that may allow you to file a personal injury lawsuit instead:

  • Employer fails to provide insurance: If your employer does not carry the required workers’ compensation coverage, you may pursue a civil claim against them directly.
  • Intentional acts by employer: If your injuries were caused by deliberate or intentional conduct by your employer, you may be able to sue them in court.
  • Third-party responsibility: If a party other than your employer is responsible for your injuries—such as a contractor, equipment manufacturer, or service provider—you can file a third-party claim against the at-fault party.

Understanding these exceptions is crucial because they can dramatically expand your ability to recover compensation beyond workers’ comp, especially when negligence or intentional misconduct is involved.

What Third Parties Can I Sue for My Workplace Accident?

Some common examples of third parties who may be responsible for your workplace injuries include:

  • Service or maintenance providers
  • Equipment manufacturers
  • Contractors or subcontractors

Identifying and pursuing claims against responsible third parties can maximize your recovery and hold all negligent actors accountable for the harm you’ve suffered.

What Types of Damages Can I Be Awarded in a Lawsuit?

Remember that workers’ compensation does not allow you to recover compensation for your pain and suffering damages. However, a civil lawsuit opens the door to these non-economic damages. 

In addition to medical benefits and lost wages, a civil lawsuit allows you to recover compensation for:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent scarring or disfigurement
  • PTSD
  • Depression
  • Anxiety
  • Diminished quality of life

Non-economic damages are often worth even more than your financial losses. By opening the door to these damages, the value of your claim may increase significantly when you have the right to sue your employer or a third party.

What Should I Do After a Workplace Accident?

Workers’ compensation requires that you follow strict rules and timelines after an accident on the job. You should always notify your employer of the accident as soon as possible. 

If you wait more than 120 days, you could lose all your rights to receive benefits under the workers’ compensation rules. Generally, you should report your accident or injury in writing to your employer no later than 21 days after the accident.

It is always a good idea to seek advice from a workers’ compensation lawyer after your accident. A lawyer can help evaluate your claim and all your legal options and make sure that you are receiving all the benefits to which you are entitled. 

If you have the right to file a lawsuit in your situation, an experienced lawyer can help you pursue maximum compensation through a civil personal injury claim.

Contact the Harrisburg Workers’ Compensation Lawyers at Marzzacco Niven & Associates for Help Today

If you’ve been injured in a workplace accident and need workers’ compensation benefits Marzzacco Niven & Associates is here to help. We’re here to get you the compensation you deserve. Contact us today for a free consultation with a Harrisburg workers’ compensation attorney. Call our law office today for a free consultation today:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 923-5146

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963