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Pa. High Court to Eye Whether Workers’ Comp Immunity Shields Company Owner From Jobsite Injury Suit

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Pa. High Court to Eye Whether Workers’ Comp Immunity Shields Company Owner From Jobsite Injury Suit | The Legal Intelligencer
















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https://www.law.com/thelegalintelligencer/2024/07/24/pa-high-court-to-eye-whether-workers-comp-immunity-shields-company-owner-from-jobsite-injury-suit/

Pennsylvania Supreme Court justices. Courtesy photo

NEWS

The defendants warned that the Superior Court ruling “would expose thousands of small business owners, who choose to organize their businesses into a corporation or limited liability company, personally liable to employees for work-related injuries, even though those employees were eligible for and received workers’ compensation benefits.”

July 24, 2024 at 02:54 PM

3 minute read

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What You Need to Know

  • The Pennsylvania Supreme Court agreed to take an appeal examining whether a construction company owner may be sued for a worker’s injuries.
  • The case examines what factors a court must consider when determining if a defendant is entitled to co-employer immunity.
  • The defendant argued that he was the plaintiff’s co-employee and therefore was immune to the lawsuit under Pennsylvania’s Workers’ Compensation Act.

The Pennsylvania Supreme Court has agreed to examine whether immunities protecting employers from work injury suits shield the owner of a construction company from a worker’s negligence action.

The high court’s Tuesday order granted defendants’ petition for appeal in Brown v. Gados, with the justices focusing the case on the factors a court must consider when determining if a defendant is entitled to co-employer immunity.

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