Legal Question in Personal Injury in Pennsylvania

Re: Employer liability for workplace injuries

Generally, under the workers' comp law, an employer's only liability is for workers' comp insurance, assuming the victim was an "employee" and the injury was "in the course of employment."

If the employer didn't have comp insurance, they can be sued for damages but the worker has to make a choice whether to claim comp benefits or a lawsuit.

About the only exception is the "personal animus" rule: if the injury was the result of an assault, motivated for personal reasons not related to the job, then it might be possible to sue the employer, i.e., for negligent supervision and hiring or inadequate security. But then comp benefits are not available.

All of these issues require professional legal advice.

The statute of limitations is generally 2 years, but don't wait.

Often it is possible to bring a lawsuit against someone other than the employer, like a machine manufacturer, so you should definitely consult an attorney before making any decisions.

Re: Employer liability for workplace injuries

An employer who carries workers' compensation insurance is immune from a typical lawsuit. There would only be a claim for workers' compensation. The statue of limitations is 3 years for a workers' comp claim. If there is no insurance, than the employer can still be liable under the workers' comp act and there could be criminal penalties. If there is no insurance the employer can also be liable in tort if the employer was negligent. This would be a two year statute of limitations.