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.

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Answered on 6/21/00, 9:17 am


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