Pa. High Court to Eye Whether Workers' Comp Immunity Shields Company Owner From Jobsite Injury Suit | The Legal Intelligencer (2024)

What You Need to Know

  • The Pennsylvania Supreme Court agreed to take an appeal examining whether a construction company owner may be sued for a worker's injuries.
  • The case examines what factors a court must consider when determining if a defendant is entitled to co-employer immunity.
  • The defendant argued that he was the plaintiff's co-employee and therefore was immune to the lawsuit under Pennsylvania's Workers’ Compensation Act.

The Pennsylvania Supreme Court has agreed to examine whether immunities protecting employers from work injury suits shield the owner of a construction company from a worker’s negligence action.

The high court’sTuesday order granted defendants’ petition for appeal in Brown v. Gados, with the justices focusing the case on thefactors a court must consider when determining if a defendant is entitled to co-employer immunity.

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  • Workers' Comp Immunity May Not Shield Construction Company Owner From Jobsite Injury Suit, Appeals Court Rules

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Pa. High Court to Eye Whether Workers' Comp Immunity Shields Company Owner From Jobsite Injury Suit | The Legal Intelligencer (2024)

FAQs

Can owners be excluded from workers compensation in PA? ›

Pennsylvania Workers' Compensation Requirements for Owners

Sole-Proprietors and Partners are automatically excluded from coverage on a policy. They may elect to be included on a policy.

What is the Workers Compensation Act 57 in PA? ›

Act 57 of the PA Workers' Compensation Act, enacted, June 30, 2021, now requires that all committee members receive training on Substance Abuse and Opioid Painkiller Use, in addition to the other three required training topics.

Can you sue your employer in PA for work injury? ›

In general, workers in Pennsylvania and New Jersey you are barred from suing an employer for a workplace injury. This is because workers; compensation creates a no-fault system.

What is Section 314 PA Workers Compensation Act? ›

Section 314. (a) At any time after an injury the employe, if so requested by his employer, must submit himself at some reasonable time and place for a physical examination or expert interview by an appropriate health care provider or other expert, who shall be selected and paid for by the employer.

What are the exceptions to workers compensation exclusive remedy in Pennsylvania? ›

There are two notable exceptions to the exclusive remedy provision of the Pennsylvania Workers' Compensation Act: Intentional acts and failure to insure. Intentional acts committed against a worker that result in injury are exempt from the exclusive remedy provision.

What is WC code 8810 in PA? ›

Clerical employees are to be classified under Code 8810. This classification applies to employees other than professional employees (8868), drivers (7380), clerical (8810) and therapists and nurses (8833). Generally, this classification applies to maintenance and security personnel.

Can you sue your employer in PA for emotional distress? ›

To recover for negligent infliction of emotional stress in Pennsylvania, the Plaintiff must prove one of four elements: (1) that the Defendant had a contractual or fiduciary duty toward him; (2) that Plaintiff suffered a physical impact; (3) that Plaintiff was in a “zone of danger” and at risk of an immediate physical ...

Can you get fired on workers comp in PA? ›

Pennsylvania law allows employers to fire or lay off workers while they have an open workers' compensation claim, but the employer must have a reason that shows they are not retaliating for the injury claim.

Can you sue your employer in PA for wrongful termination? ›

If you were wrongfully terminated, you may be able to file a lawsuit against your employer. You need to protect your rights. In Pennsylvania, courts have held that employers cannot terminate employment because of retaliation, discrimination, or violation of public policy.

What is Section 309 of the PA Workers Compensation Act? ›

Section 309(e) of the Act provides that “[w]here the employee is working under concurrent contracts with two or more employers, his wages from all such employers shall be considered as if earned from the employer liable for compensation.” Importantly, an injured worker need not be disabled from their concurrent job for ...

What is Section 311 of the PA Workers Compensation Act? ›

Section 311 of the Pennsylvania Workers' Compensation Act provides that notice of a work injury must be given to an employer within 120 days or it is barred.

What is section 319 of the Pennsylvania Workers Compensation Act? ›

Section 319 of the Pennsylvania Workers' Compensation Act provides the statutory authority for the Employer to subrogate to a third party action. The Employer's subrogation interest is a creature of statute, as opposed to an equitable or contractual right to subrogation.

Who is exempt from workers' compensation in PA? ›

Exemptions include: people covered under other workers' compensation acts, such as railroad workers, longshoremen and federal employees; domestic servants (coverage is optional); agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer; and employees who have ...

Which of the following are excluded from workers' compensation coverage? ›

Under California Labor Code, Division 4, Part 1, Chapter 2, Section 3352, these workers include the following: Sole Proprietors and business owners (excluding roofers) Business owners. Independent contractors like gig workers.

Who are excluded workers in PA? ›

In Pennsylvania, an employer may be excluded from the requirement to insure its workers' compensation liability only if ALL workers employed by it fall into one or more of the following categories: federal workers. longshoremen. railroad workers.

Do I need workers comp insurance for myself in PA? ›

Do I Need Workers' Comp For Myself? In Pennsylvania, any self-employed workers or sole proprietors are legally exempt from the requirement of purchasing workers' compensation. Though, depending on the industry you're working in and the nature of your job, it could be advantageous to pursue.

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