Scores of Pennsylvania employers may soon find themselves dragged into costly lawsuits brought by former workers with occupational diseases as a result of a recent decision by the Pennsylvania Supreme Court. The court said that because the state’s workers’ compensation statute does not provide a recovery for occupational diseases that take many years to manifest, the legislature must have intended for personal injury litigation to fill the gap. The legislature needs to clarify or amend the statute to protect Keystone State employers from excessive tort litigation, and ultimately to protect Pennsylvania’s job market.
In general, workers injured on the job are paid through the workers’ compensation system. Workers’ compensation laws provide a win-win for workers and their employers. Workers are able to receive prompt payment for medical bills and reasonable income payments. They are also relieved of the burden of proving their employer was at fault, reducing the costs, delays and uncertainties that come with personal injury litigation. Employers, in turn, are freed from the threat of court suit, providing them with some certainty in their legal affairs. In legal terms, the workers’ compensation system is known as the injured worker’s exclusive remedy.
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