Can I Sue My Employer for Not Reporting My Injury in Pennsylvania?

Work injuries can be stressful, especially if your employer fails to report your injury as required. If you’re in Pennsylvania and wondering what to do in this situation, here’s the essential information.

In Pennsylvania, you generally cannot sue your employer for a work injury. Instead, you can pursue benefits through the workers’ compensation system, even if your employer fails to report your injury. Taking prompt action is crucial to securing your rights.

As a skilled Pennsylvania workers’ compensation attorney, I’ve helped hundreds of injured workers handle complex claims and recover the benefits they deserve. In this article, we’ll discuss your legal options, exceptions to the no-sue rule, and steps to protect your rights.

 

Understanding the Pennsylvania Workers’ Compensation System

The Pennsylvania Workers’ Compensation Act is designed to protect employees by providing financial and medical benefits for work-related injuries or illnesses. Under this system, employees can file a claim to receive benefits, covering medical expenses, lost wages, and other related costs. In exchange, employees are typically restricted from filing a personal injury lawsuit against their employer for workplace injuries.

Key Takeaway: Workers’ compensation is the primary avenue for recovery. If your employer does not report your injury, you can take steps to file a claim independently.

 

 

What to Do If Your Employer Doesn’t Report Your Injury

If your employer fails to report your injury to their workers’ compensation insurance, Pennsylvania law allows you to file a claim on your own. Here are the steps you should follow to protect your rights:

1. Report the Injury to Your Employer: Pennsylvania law requires you to notify your employer of a workplace injury within 120 days of the incident. Although it’s recommended to report immediately, failing to do so within 120 days may disqualify you from benefits.
2. File a Claim Directly: If your employer does not report your injury, you can file a claim directly with the Pennsylvania Bureau of Workers’ Compensation. You do not need your employer’s permission or involvement to file this claim if they are non-compliant.
3. Contact the Bureau of Workers’ Compensation: Report your employer’s failure to comply with the Bureau of Workers’ Compensation, which can take action to penalize your employer for not following state laws.
4. Seek Legal Guidance: Consulting a workers’ compensation attorney can help ensure you complete all necessary paperwork, gather evidence, and build a strong case for benefits if your employer’s negligence or lack of action creates challenges.

 

Limited Exceptions to Suing an Employer in Pennsylvania

While workers’ compensation is generally the exclusive remedy for work-related injuries, there are limited scenarios in which you may have grounds to sue your employer directly:

• Intentional Harm: If your employer’s actions intentionally caused harm or were egregious enough to be considered intentional misconduct, you may be able to bring a personal injury claim. For example, if your employer deliberately created unsafe conditions with the intent to harm you, this could open the door to a lawsuit.
• Lack of Workers’ Compensation Insurance: Pennsylvania law mandates that employers carry workers’ compensation insurance. If your employer fails to have this insurance, you may have grounds to sue directly for damages resulting from your workplace injury.
• OSHA Violations: If your employer willfully violates Occupational Safety and Health Administration (OSHA) regulations, leading directly to your injury, you may be able to pursue legal action. However, this option is rare and challenging to prove, so you may benefit from consulting a legal professional.

Important Note: Each of these exceptions is complex and requires strong evidence. Consulting an attorney experienced in Pennsylvania workers’ compensation law can help determine if an exception applies to your case.

 

Workers’ Compensation Benefits You Can Receive

Under Pennsylvania’s workers’ compensation program, injured workers may be eligible for several types of benefits:

• Medical Benefits: Covers necessary medical treatment, including hospital stays, medications, surgeries, physical therapy, and other treatments related to the injury.
• Lost Wages: If you are unable to work due to your injury, workers’ compensation provides wage loss benefits, typically amounting to about two-thirds of your average weekly wage.
• Specific Loss Benefits: In cases of permanent injury, such as the loss of a limb or vision, you may receive additional benefits.
• Death Benefits: In tragic cases where an injury leads to the death of an employee, workers’ compensation may provide death benefits to dependents.

 

How Long Do You Have to File a Claim?

In Pennsylvania, it’s essential to be aware of the deadlines for filing a workers’ compensation claim:

1. Report to Your Employer: You have 120 days from the date of injury to notify your employer, although reporting sooner is highly recommended.
2. File a Claim with the Bureau: You must file your claim within three years from the date of your injury. Missing this deadline could mean losing your right to benefits.

Tip: Even if your employer has delayed or failed to report your injury, you can still protect your rights by ensuring your claim is filed on time.

 

 

Steps for Ensuring Your Employer Complies with Workers’ Compensation Obligations

If your employer refuses to report your injury, here are some steps to increase the likelihood of compliance:

• Document Everything: Keep records of your injury, including the date, time, location, and nature of the incident. Document all interactions with your employer related to the injury, including written and verbal communications.
• Inform a Supervisor or HR Representative: Make sure you report your injury to a supervisor or HR representative in writing, if possible, and retain a copy for your records. This provides proof that you notified your employer.
• Escalate the Issue: If your employer continues to ignore your injury, contact the Pennsylvania Bureau of Workers’ Compensation to report non-compliance. They have the authority to investigate and enforce reporting requirements.

 

When to Contact a Workers’ Compensation Attorney

Handling a workers’ compensation claim can be challenging, especially if your employer isn’t fulfilling their responsibilities. An attorney can help in the following ways:

• Filing Your Claim: An experienced workers’ compensation lawyer can ensure all paperwork is filed correctly and on time.
• Gathering Evidence: Your attorney can help gather medical records, accident reports, and witness statements to strengthen your claim.
• Handling Employer Retaliation: Pennsylvania law prohibits employers from retaliating against employees for filing workers’ compensation claims. If you face retaliation, an attorney can help you pursue additional legal action.

 

Contact Mattiacci Law for a Free Consultation

If you’re facing challenges with your employer’s lack of cooperation in reporting your injury, Mattiacci Law can help. Our experienced workers’ compensation attorneys can guide you through the process, ensure you meet all deadlines, and advocate for your rights to fair compensation.

Contact Mattiacci Law today at 215-914-6919 for a free, no-obligation consultation to discuss your options and get the support you deserve.

 

Related Content:

• Does Personal Injury Compensation Affect Benefits?
• Workers’ Compensation vs. Personal Injury Claims
• An Overview Of Pennsylvania’s Statutory Employer Doctrine
• Can I Sue My Employer If I Got Injured While Working For Them?