PA Workers' Compensation Exclusive Remedy & a Recent Exception

Pennsylvania workers’ compensation law is governed by the Workers’ Compensation Act, which has been amended and evolved over time. A primary aspect of the Act is the “Exclusive Remedy” provision that, as of February 3, 1975, made it mandatory to file a workers’ compensation claim if you were injured performing your job. This means that you cannot civilly sue your employer in the event that you suffer a work injury. Over the years, some rare, minor exceptions to this rule have been carved out, but typically, the exclusive remedy is relied upon.

Occupational diseases such as asbestos-related diseases, silicosis, or other chemical-related diseases can be work-related and ordinarily, to be compensable under the provisions of the Act, must occur within 300 weeks of the last exposure to a hazard at the place of employment. In the recent decision of Tooey v. AK Steel Corporation, 20 A.3d 1184 (2011), the Pennsylvania Supreme Court ruled that the Pennsylvania Workers’ Compensation Act does not apply to claims for disability or death resulting from occupational disease that manifests after 300 weeks from the last occupational exposure. The Court, in its majority decision, held that “the exclusivity provision of Section 303(a) of the Act does not preclude individuals from seeking compensation for their injuries via a common law action against Employers.”

If you or a loved one has been diagnosed with an occupational disease and you need help sorting out how to proceed, contact Robinson Law LLC for a free consultation.