Can I Sue My Employer if I Get Hurt at Work? | Workers Compensation Attorneys
You may discover answers to frequently asked concerns regarding what to do if you get harmed at work, worker’s compensation, and what to know if you’re thinking about suing your company in this article.
Injuries at work are surprisingly frequent in America. The Bureau of Labor Statistics estimates that there will be 4,764 fatal injuries and 2.7 million injuries in the private sector alone in 2020. If you’ve suffered an injury at work, you can be left reeling from a range of losses. It can be daunting and challenging to bounce back from this. Thankfully, there are various avenues for justice and healing provided by the law. Among the numerous possibilities, workers’ compensation benefits may be the most significant.
Examples of Damages That Can Be Recovered in Court
Examples of damages resulting from accidents at work include:
- Pay loss
- Medical costs
- disability issues
- even more
What circumstances make an employee eligible for workers’ compensation coverage?
Employees who sustain injuries at work or that are related to their duties are given workers compensation benefits. Many employees, especially those in hazardous occupations, depend on these perks. Let’s look more closely.
Do I Have a Case for Benefits from Workers’ Compensation?
Despite its name, not all employees are eligible for worker’s compensation payments. Only workers, not independent contractors, have access to them. How then do you as an independent contractor recover losses from accidents at work? You can sue your employer and hold them accountable for your injuries even if they did not provide workers’ compensation, provided you can demonstrate that they were reckless, negligent, or engaged in willful misconduct. Additionally, these losses can potentially surpass the benefits you would receive from workers compensation.
What Benefits Does Workers Compensation Offer?
You get to escape the headache of a lawsuit, for starters. Even if your employer was not at fault for your injuries, worker’s compensation benefits are nevertheless paid out. Even if no one else was at fault for your slip and fall mishap, you are still eligible to workers’ compensation benefits if you get injuries as a result. That is a significant benefit when no one else is at fault yet you have lost something.
Despite the fact that workers’ compensation benefits are valuable, they are nonetheless constrained in several ways. For example, pain and suffering damages and other such losses are not covered by workers’ compensation benefits. These benefits instead compensate for wage loss.
Employing a Workers’ Compensation Attorney
Devastating Personal Injury
When a serious accident occurs, being limited to workers’ compensation benefits can result in a lower settlement than if you had been permitted to pursue legal action against your employer or another party.
The issue is that regulations governing workers’ compensation exempt companies from responsibility. You are not allowed to sue your employer for damages if you are eligible for workers’ compensation benefits. There are, however, some circumstances in which you can sue your employer and obtain a higher payment.
Should I File a Workplace Accident Claim?
Employer Responsibilities for Employee Behavior
To sue your employer and utilise the exemption, you must demonstrate that:
- Your injury was brought on by the employer’s negligence.
- It was irresponsible or intentional misbehaviour.
For instance, if you can show that your employer purposefully withheld safety goggles from industrial workers in an effort to save money, you may be able to sue them. Perhaps they were aware that doing this would make people more likely to get hurt, but they nevertheless did it because of their new cost-cutting strategy.
What Can an Employee Do If There Is an Accident at Work?
Employees who suffer workplace injuries may be unsure about what to do next. The following are the first three actions you should do if you have an injury at work:
- Make a quick call to a workers’ compensation attorney. They will gather information, communicate with the opposing lawyers, and make sure all formalities are followed. Work injury lawyers are thorough advocates who are indispensable throughout the entire dispute process.
- Keep track of the injury’s records. Keep copies of all your employment and medical records, as well as pay stubs. Each of these contributes significantly to your claim.
- Before accepting a settlement, speak with a lawyer. Both your boss and the insurance industry always attempt to limit their obligations. In the absence of legal representation, they will work harder to discredit your claims in order to reach a rapid conclusion.
Locate a Local Workers’ Compensation Attorney
If you have been hurt at work, you may be entitled to workers’ compensation benefits and, in some circumstances, monetary damages through a lawsuit. However, workplace injury disputes can be difficult and complicated, so it’s crucial that you get the expertise of an experienced work accident attorney who can assist you at every level.
At 11112222, we run a sizable network of attorneys, which includes knowledgeable workmans compensation attorneys. For advice on how to handle your claims, it is worthwhile to speak with one of the lawyers in our network.
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Additional queries on workplace accidents and workers’ compensation:
- The Basics of Workers’ Compensation Benefits
- When to File a Workers Compensation Claim and How to Do It Is workers’ compensation tax deductible?
- What Injuries Happen Most Frequently at Work?
- 12 Facts Everybody Should Know About the Workers’ Compensation Claim Process
- Real Case Studies from Settlements for Workers’ Compensation