Getting injured on the job is stressful enough—but finding out you’re not covered by workers’ compensation can be devastating. In Pennsylvania, most workers are protected under the state’s workers’ comp system, but there are exceptions. If you’re in this situation, you’re probably wondering: Do I have any legal options left?
The answer is often yes. While the traditional workers’ comp route may be closed, you may still be able to pursue a personal injury lawsuit or another form of legal relief. Here’s what you need to know.
Why Some Workers Are Not Covered by Workers’ Compensation in Pennsylvania
There are several reasons you might fall outside Pennsylvania’s workers’ comp system:
- You’re an independent contractor
- Your employer failed to carry mandatory workers’ comp insurance
- You’re a domestic worker, agricultural worker, or other exempt classification
- You were injured during work travel or at an off-site location not technically under the employer’s control
- You’re a volunteer or unpaid intern
These categories create legal gray areas—and potential opportunities to file suit outside the system.
When You May Be Able to Sue for a Workplace Injury
If you’re not covered by workers’ comp, you may be able to pursue a third-party personal injury lawsuit or sue your employer directly, depending on the circumstances.
- Negligence Lawsuit Against an Employer
If your employer intentionally failed to carry workers’ comp insurance, you may have grounds to sue directly for:
- Medical bills
- Lost wages
- Pain and suffering
- Long-term disability
Pennsylvania law permits lawsuits in cases of intentional wrongdoing or gross negligence.
- Third-Party Personal Injury Claims
You may be able to file a lawsuit against a third party who contributed to your injury. Examples include:
- A property owner where your job site was located
- A manufacturer of defective equipment or machinery
- A contractor or subcontractor who acted negligently
These claims fall outside the workers’ comp system and follow standard personal injury litigation procedures.
Proving Fault in a Non-Workers’ Comp Claim
Unlike workers’ compensation, which does not require proof of fault, personal injury claims require you to prove:
- The third party (or employer) had a duty of care
- That duty was breached
- The breach caused your injury
- You suffered measurable damages
Evidence such as photos, witness statements, safety reports, and medical records becomes critical.
What Compensation Can You Receive in a Lawsuit?
In a successful personal injury claim, you may be entitled to:
- Full coverage of past and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Punitive damages (in cases of gross negligence)
These damages often exceed what workers’ comp would typically provide, which is why exploring your legal options is so important.
Steps to Take If You’re Not Covered by Workers’ Comp
- Report the injury to your employer in writing immediately.
- Seek medical treatment and keep all documentation.
- Determine your classification (contractor vs. employee).
- Contact a qualified attorney to explore your legal rights.
Jensen Bagnato Can Help You Explore Every Legal Option
At Jensen Bagnato, P.C., we’ve helped countless injured workers navigate complex situations where traditional workers’ comp wasn’t available. We know the law. More importantly, we know how to protect your rights and maximize your compensation.