Can I Sue My Employer for a Slip and Fall Accident at Work?

March 24, 2021

Workers’ compensation in Pennsylvania, like all states, is typically referred to as a worker’s sole or exclusive remedy for workplace injuries, including slip and falls. However, workers’ comp claims do not allow for the recovery of many types of damages available in a slip and fall lawsuit.

Fortunately, like most states, Pennsylvania recognizes a limited number of circumstances in which an injured worker can file a personal injury lawsuit for injuries sustained at work. One such exception is when an employer intentionally causes injury to an employee. This exception is a bit more complex and requires the experience of our Bethlehem slip and fall lawyers.

Additionally, if there is a third party (not the employer) whose negligence contributed directly to the accident, they may be sued for your injuries. For example, an equipment manufacturer or a negligent worker may have contributed to the injuries.

Wondering if you are entitled to file a personal injury claim for slip and fall injuries that occurred while at work? Contact our Bethlehem slip and fall lawyers at Drake, Hileman & Davis to discuss your options.

What Are the Advantages of Filing a Personal Injury Claim Rather Than a Workers’ Comp Claim for Your Slip and Fall Injuries?

First, let’s dispense with the only downside of a personal injury claim: You will be required to show negligence or some type of intentional wrongful act for a personal injury claim. However, our experienced Bethlehem slip and fall lawyers will be able to tell you if this is a problem, and if not, the advantages far outweigh any workers’ comp claim.

A personal injury lawsuit allows for the recovery of certain important and valuable damages that aren’t included in workers’ compensation benefits. The three main categories of personal injury damages include:

Economic damages

  • Costs of medical treatment, both current and future
  • Non-medical expenses, including everything your injuries prevent you from doing, such as transportation costs, prescriptions, or the cost of hiring someone to perform your household chores
  • Lost earnings and earning capacity
  • Loss of income and benefits
  • Property damage
  • Costs for assistive devices or other modifications necessary to aid in your recovery

Non-economic damages

  • Pain and suffering or other emotional distress
  • Cosmetic damage and physical impairment
  • Loss of consortium, companionship, and support provided
  • Loss of enjoyment of life

Punitive damages

  • Punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially willful and/or harmful

Questions About Your Case? Contact Our Bethlehem Slip and Fall Lawyers Today

For most people who have suffered a personal injury as a result of a slip and fall at work in Pennsylvania, a personal injury claim provides much more extensive monetary damages than a workers’ comp claim. If you have suffered from a slip and fall at work, let the Bethlehem slip and fall lawyers at Drake, Hileman & Davis help. They are experienced and highly capable of helping you with any type of personal injury, including those that result in serious injury or death.  

Contact us for further information and to schedule your free consultation.