Essentially, employees can’t sue their employers for job-related injuries and property damage. All state laws require employers to have workers’ compensation insurance, which covers employee injuries, regardless of the party at fault. In most cases, worker’s compensation insurance gives employers immunity from personal injury lawsuits from injured workers.
However, there are exceptions to these legal provisions, as there are situations where injured workers can sue their employers for injuries and property damage. Victims of workplace injuries should consult workmans comp attorneys for guidance.
What To Do If You Are Injured at Work
Depending on specific state laws, you can file a lawsuit against your employer if you are injured at work. Below are a few things to consider before filing a lawsuit:
- Eligibility for workers’ compensation – you should begin by determining eligibility for a workers’ compensation claim. Eligible employees cannot sue their employers for workplace injuries. They can only file a compensation claim.
- Seek medical attention – you should have medical proof of your injuries to file a lawsuit against your employer. Therefore, you should seek medical attention immediately. Note that you should see an approved doctor to preserve your eligibility for compensation.
- Gather the accident details – you should collect all the information about the accident. Write down everything you can remember, including witness statements. This will help you build a solid compensation claim.
- Consult a personal injury lawyer – an experienced personal injury lawyer can evaluate your case and recommend the best possible course of action. Your lawyer will help you file claims for workers’ compensation benefits and a case in court if you decide to sue your employer.
Apart from these important steps, you should also protect your legal rights and avoid common mistakes that can void your eligibility for compensation.
When to Sue Your Employer for Work-Related Injuries
You can sue your employer for work-related injuries for the following two reasons:
1. If your employer doesn’t provide workers’ compensation coverage
Employees who aren’t eligible for workers’ compensation coverage for various reasons can sue their employers immediately. Such situations can happen if:
- The employer doesn’t have a worker’s compensation cover, which violates state laws.
- You are employed as an independent contractor – independent contractors are not included in the employers’ workman compensation policies.
- Suppose your employer is exempted from state-specific workers’ compensation laws, such as small companies with few employees.
2. If your employer wrongfully denies your workers’ compensation benefits
If you’ve confirmed your eligibility for workers’ compensation coverage, you should begin by filing for compensation before suing your employer. If the employer pays your rightful benefits, there are no grounds for proceeding to court. However, if the employer denies your claims, you should consider filing a case in court.
Depending on your state of residence, there are additional steps to consider before suing your employer. For instance, most states require employees to file an appeal to be reviewed by the worker’s compensation board before proceeding to court.
3. Fraudulent concealment
According to OSHA regulations, employers should regularly conduct a workplace safety analysis to determine workplace risks. While some employers blatantly ignore these recommendations, others don’t act on insights from safety analysis reports. This can be termed as fraudulent concealment because the employer is aware of the existence of workplace injuries.
4. Dual capacity
Though not common, you can also sue your employer if they are acting in a dual capacity. This occurs if a defective product manufactured by the employer causes employee injuries or death. In such situations, the company becomes the employer and the manufacturer of the faulty product. Injured victims are considered customers and not employees, giving them the right to sue their employer.
How Much Can You Recover from Your Employer?
The amount of compensation awarded to personal injury victims varies depending on several factors. For starters, the extent of your injuries significantly determines the payable amount. Victims with severe injuries that require multiple procedures and long hospital stays will receive more compensation. Your workplace injury attorney will help you compute a fair settlement amount.
The Bottom Line
Employees who sustain on-the-job injuries should typically seek compensation from workers’ compensation coverage. However, on some occasions, you may be forced to sue your employer. Having an attorney can help you navigate these complicated legal processes.
