Legal Question in Workers Comp in Pennsylvania
injured worker rights
If an employee is injured at his place of employement, can he/she file a lawsuit against the employer if the employer is in violation of OSHA rules?
Asked on 5/04/00, 12:07 pm
1 Answer from Attorneys
William Marvin
Cohen, Placitella & Roth, P.C.
Re: injured worker rights
Probably not. In Pennsylvania, workers comp benefits are the exclusive remedy against the employer, and there are almost no exceptions to that rule.
The state courts have decided that even a deliberate violation of safety rules by the employer is not enough, under the workers comp statute. However, it is often possible to bring a lawsuit against other parties, such as manufacturers, maintenance companies, etc., so you should definitely consult an attorney.
Answered on 6/21/00, 9:17 am
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