You cannot sue your employer for an injury at work in Pennsylvania. The "exclusive remedy" provisions of the Pennsylvania Workers' Compensation Act bar you from bringing a civil action against your employer. They have immunity from lawsuits by employees, in exchange for their obligations under the Pennsylvania Workers' Compensation Act.
The injured worker generally gets benefits from a workers' compensation claim far faster than would be the norm for a civil lawsuit, and there is no need to prove any negligence on the part of the employer. Even if the employer was negligent, however, the injured worker is limited to the remedies under the Workers' Comp Act (including wage loss for periods of partial or total disability and payment of related medical costs) and cannot sue in civil court.
Co-workers and supervisors are also generally protected under the employer's immunity, if the Workers' Compensation Act applies.
Some work injuries still involve circumstances where a civil lawsuit is appropriate against a negligent party other than the employer itself. Examples can include claims for premises liability against a negligent property manager responsible for maintaining common areas at the employment site, or third parties present at the place of employment who create hazardous conditions or otherwise cause harm due to negligence. In such instances the injured worker may have both workers' compensation and personal injury lawsuit rights. In addition, where the injured worker peforms services for another but is not an "employee" under the Act, it may be necessary or appropriate to pursue a claim of negligence against the responsible party.
Call The Law Offices of Timothy Kennedy, P.C., today, to discuss your rights against your employer for any injury arising from your employment, and against any non-employer party for related negligence. 484-453-8144.
CLIENT TESTIMONIALS:
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Current Workers Compensation Client
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144