Workers Compensation- Exclusive Remedy For Work Injury In Pa.

Posted by Tom Cummings & filed under DLP Law, Workers Compensation.


If you are injured while working in Pennsylvania, the Workers Compensation Act provides the sole and exclusive remedy for an employee who seeks to recover for an injury sustained during the course of his or her employment. This law clearly states that the “liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes…..in any action at law or otherwise on account of any injury or death….or occupational disease”. This provision limits an employer’s tort exposure and grants an employee a statutory remedy for all work-related injuries. This law was enacted to allow an injured employee the right to compensation without the burden of establishing fault in exchange for the employees giving up their right to sue the employer in tort for injuries incurred in the course of employment. An employer must assume liability under the Workers Compensation Act regardless of fault in exchange for insulation from a potentially larger verdict in a common law action.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com// or call (570) 347-1011 for a free consultation.

 

About the Author

Tom Cummings

E-mail: Tom Cummings
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Thomas P. Cummings has been a Partner with Dougherty, Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers' compensation and Social Security Disability cases.

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