Pennsylvania Workplace & Construction Lawyers

Employer liability and third-party actions

We start with who employed you and who else was involved. We review those relationships with you before deciding how to proceed.

Under section 303(a) of Pennsylvania’s Workers’ Compensation Act, an employer’s liability under the Act replaces all other liability for injury or death as defined in section 301(c)(1) and (2), or occupational disease as defined in section 108.¹ This exclusivity applies to liability to employees, their legal representatives, spouses, parents, dependents, next of kin, or anyone otherwise entitled to damages in an action at law or otherwise.¹

Section 305(d) of Pennsylvania’s Workers’ Compensation Act provides this choice: “When any employer fails to secure the payment of compensation under this act as provided in sections 305 and 305.2, the injured employe or his dependents may proceed either under this act or in a suit for damages at law as provided by article II.”²

If a third party causes an employee’s injury or death, section 303(b) of Pennsylvania’s Workers’ Compensation Act says that the employee, the employee’s legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to receive damages by reason of the injury or death “may bring their action at law against such third party.”³

Section 303(b) also says that the employer, his insurance carrier, their servants and agents, employes, and representatives acting on their behalf or at their request “shall not be liable to a third party for damages, contribution, or indemnity in any action at law, or otherwise, unless liability for such damages, contributions or indemnity shall be expressly provided for in a written contract entered into by the party alleged to be liable prior to the date of the occurrence which gave rise to the action.”³

Notice and the three-year limit for a Pennsylvania workers' compensation claim

The Pennsylvania act of June 2, 1915 (P.L.736, No.338) is known as the Workers' Compensation Act.⁴ We check the notice and filing dates below against the facts of each injury.

Under section 311 of the Act, for a compensation claim, unless your employer already knows of the injury, or you, someone on your behalf, a dependent, or someone on a dependent's behalf gives the employer notice within twenty-one days after the injury, "no compensation shall be due until such notice be given."⁵ Unless notice is given within one hundred and twenty days after the injury, "no compensation shall be allowed."⁵

Section 311 provides that in cases of injury resulting from ionizing radiation or any other cause in which the nature of the injury or its relationship to the employment is not known to the employe, the time for giving notice does not begin to run until the employe "knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to his employment."⁵ In section 311, the term "injury" means, in cases of occupational disease, disability resulting from occupational disease.⁵

Under section 312 of the Act, the notice must inform your employer that a certain employe received an injury, described in ordinary language, in the course of his employment on or about a specified time, at or near a place specified.⁶

Under section 313 of the Act, you may give that notice to your immediate or other superior, to the employer, or to any agent of the employer "regularly employed at the place of employment" of the injured employe.⁷ Knowledge of the occurrence of the injury on the part of any such agent "shall be the knowledge of the employer."⁷

Under section 315 of the Act, in cases of personal injury, all claims for compensation "shall be forever barred" unless, within three years after the injury, the parties have agreed upon the compensation, or one of the parties has filed a petition under article four of the Act.⁸ In cases of death, the same two routes apply to claims for compensation within three years after the death.⁸

For a claim for compensation where payments of compensation have been made, section 315 provides that "said limitations shall not take effect until the expiration of three years from the time of the making of the most recent payment prior to date of filing such petition."⁸ A payment made under an established plan or policy of insurance for benefits on account of non-occupational illness or injury, and identified as not being workmen's compensation, "shall not toll the running of the Statute of Limitations."⁸

For a claim for compensation based on injury resulting from ionizing radiation in which the nature of the injury or its relationship to the employment is not known to the employe, section 315 provides that the time for filing a claim does not begin to run until the employe knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to his employment.⁸ In section 315, the term "injury" means, in cases of occupational disease, disability resulting from occupational disease.⁸ Section 315 contains further provisions that this page does not set out.⁸

The civil filing period in Pennsylvania

Pennsylvania requires an action to recover damages for personal injuries or death caused by another person’s wrongful act, neglect, unlawful violence or negligence to be commenced within two years.⁹¹⁰

For these civil actions, Pennsylvania measures the time from when the cause of action accrued, “except as otherwise provided by subsection (b) or by any other provision of this chapter.”¹¹

Shared fault in a negligence action

We examine the record and prepare our response to allegations about your conduct.

In Pennsylvania negligence actions for death, personal injury or property damage, your own negligence does not bar recovery by you or your legal representative if it was not greater than the causal negligence of the defendant or defendants from whom recovery is sought.¹² Your damages are reduced in proportion to the negligence attributed to you.¹²

Where a civil action may be filed

For a Pennsylvania action against an individual, Rule 1006(a) begins: “Except as otherwise provided by subdivisions (b) and (c) of this rule”.¹³ Under that general rule, an action may be brought only in specified counties, including the county where a transaction or occurrence took place out of which the cause of action arose.¹³ That is one of five grounds listed in subdivision (a).¹³

For corporations and similar entities, subdivision (b) permits actions “in and only in” the counties designated by Rule 2179, “except as otherwise provided in subdivision (c)”.¹⁴ For partnerships, it points to the counties designated by Rule 2130, again “except as otherwise provided in subdivision (c)”.¹⁴ These are two of the defendant categories covered by subdivision (b).¹⁴

Subdivision (c) states the exception: “An action to enforce a joint or joint and several liability against two or more defendants, except actions in which the Commonwealth is a party defendant, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants under the general rules of subdivisions (a) or (b).”¹⁵

Why Choose CM Injury

We give your Pennsylvania workplace or construction injury matter careful attention. We review the available records, explain our assessment and answer your questions directly.

We prepare the cases we accept for trial. We read the record and retain appropriate experts as part of that preparation.