Munley Law offers expert legal services for personal injury victims in Pittsburgh, with a commitment to providing you with personalized, local representation to fight for your rights.

Suing a Non-Suscribing Employer

By law, an employer is forbidden from using certain defenses. Consequently, it becomes easier for a plaintiff to win their case against the nonsubscriber; this article will discuss the defenses that a non-subscribing employer cannot use. More information here

What Defenses are Unavailable to a non-subscriber?

Contributory negligence
Contributory negligence essentially states that an injured party cannot receive compensation if they played some role in causing the accident that occurred. As a nonsubscriber, an employer cannot claim that their employee contributed partially to their injury in order to offset their liability. They do not have the luxury of using this defense to escape being responsible for the losses that you have incurred.

Assumption of the Risk
Assumption of the risk is a defense that prohibits the plaintiff from recovering against a defendant if the defendant is able to prove that the plaintiff voluntarily assumed whatever risks were involved in the conduct that caused his/her injury. An example would be if there was something inherently dangerous associated with whatever activity resulted in the accident. However, as a nonsubscriber, an employer cannot escape liability by showing that the activity their employee was engaged in at work was hazardous and that they assumed any potential risk.

Pre-injury waiver of liability
A nonsubscriber cannot make you sign any documentation that is a waiver preventing you from suing them in the event that you are injured on the job. However, courts have ruled that a binding arbitration agreement does not constitute a pre-injury waiver, so you will still be bound to that type of agreement if your employer has had you sign such documentation. Arbitration agreements essentially operate as a way to resolve disputes without having to get involved in formal court proceedings. If your employer has one of these agreements in place then it may be enforceable so long as it is not unduly harsh on you as the employee.

Negligence of a co-worker
If your employer subscribed to workers’ compensation, then they would be able to avoid being held liable for your damages if your injury was caused by the negligent conduct of another employee in their company. However, as non-subscribers, they cannot use this defense regardless of whether or not the accident occurred because of the actions of one of their other employees.

What Defenses can a non-subscriber use?

Unfortunately, there are defenses that a non-subscribing employee can use. There are two primary defenses that are often used by nonsubscribers to avoid liability for their employees’ injuries.

Sole Proximate Cause
As an employee, you must prove that the employer was negligent and that this negligence caused your injury. While a nonsubscriber cannot claim the defense of contributory negligence (discussed above) they can claim that you were the sole cause of your injury. If the employer can show that they were not negligent whatsoever and that the employee was entirely responsible for the accident that occurred, then they may be able to avoid liability.

The “Routine Job” Defense
The Pennsylvania Supreme Court’s ruling in Great Atlantic & Pacific Tea Co. v. Evans established that negligence on the part of an employer does not exist if the employee is injured while doing the usual and customary tasks associated with the job. Basically, if the conduct that caused the accident is the usual customary activity that all the employees are expected to perform then the employer is not liable. The event resulting in the accident must be somewhat unusual or pose some abnormal danger.

Our Pennsylvania attorneys have won hundreds of work injury cases. Call us today to discuss your case.

While these defenses may seem daunting, they can be easily overcome with the assistance of an attorney that is experienced in personal injury nonsubscriber lawsuits. The attorneys at Our Law Office have represented clients in thousands of personal injury lawsuits and as a result, we have the skill and expertise necessary to ensure that you are able to get the compensation you deserve for your injury.

Our attorneys are dedicated to providing each and every one of our clients with the best representation available. To discuss your potential personal injury lawsuit contact us for a free consultation.