Can I sue my employer for an injury on the job?

If you sustain a job injury or a work-related illness, the Pennsylvania Workers’ Compensation Act (Act) provides for your medical expenses and, in the event you are unable to work, wage-loss compensation benefits until you’re able to go back to work. Additionally, death benefits for work-related deaths are paid to your dependent survivors.

Nearly every worker is covered by the Act.  Employers must provide workers’ compensation coverage for all of their employees, including seasonal and part-time workers. Non-profit corporations, unincorporated businesses, and even employers with only one employee, must comply with the Act’s requirements.

Note:  Some employees are covered by other compensation laws, including: federal civilian employees, railroad workers, longshoremen, shipyard and harbor workers. Some others who may not be covered are volunteer workers, agricultural laborers, casual employees, domestics and employees who have been granted a personal religious exemption from the Act.

Here is a link to a site that will explain more fully: http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&Q=58929#wc

If the employer doesn't have the insurance, or is exempt from carrying it, the employee has the option to file a lawsuit against his employer.  Additionally, even if the employer has workers' compensation insurance, an employee can sue an employer for a work-related injury if the employer caused the injury through gross negligence.