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Norfleet Law Offices, LLC
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Can I sue my employer if I get hurt because of their negligence?

Probably not.  Under the "Exclusivity Provision" of the Pennsylvania Workers' Compensation Act, an injured worker is precluded from suing their employer, or a co-employee, for negligence.  You can file a Claim Petition (if your injury is not accepted by the employer's workers' compensation insurance company) and seek indemnity, or wage loss, benefits; medical benefits; and if applicable, specific loss benefits and a scarring or disfigurement award.  Unfortunately, you cannot collect for pain and suffering under the Workers' Compensation Act.  If you are injured because of the negligence of a third party (not your employer or a co-worker), you may have a claim against them and be able to pursue a claim for pain and suffering.  For example, if you are involved in a motor vehicle accident, and it is the fault of the other driver, you may have both a workers' compensation claim and a negligence claim against the driver.  This would allow you to collect all of the available benefits under the Workers' Comp Act as well as pain and suffering and other damages as well.  An injured worker may also have claims such as a products liability, medical malpractice claim, or a slip and fall claim, so it is important to discuss your specific case with an experienced attorney as son as possible. 

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