I was hurt at work; can I sue my employer?
If you were hurt while working, you may be eligible to significant compensation, either through a workers’ compensation benefit package or by suing your employer (and other liable parties).
You must speak with an experienced workers’ compensation lawyer as soon as possible following your injury. They will collaborate with you to make sure that your claims are submitted on time and that a winning case strategy is created.
Unfortunately, a lot of first-time plaintiffs are unaware of the constraints and limitations that apply to an on-the-job accident. Let’s examine the fundamentals in order to make some of these difficulties clearer.
Workers’ compensation and the protection from employer liability
Workers’ compensation benefits are due to injured employees regardless of whether the employer was “at-fault” for the injury.
A widely applicable safeguard that benefits both employees and businesses is workers’ compensation. These benefits compensate missed pay and medical costs related to work-related injuries.
It’s crucial to demonstrate that your injury occurred “in the course and scope” of your employment. You wouldn’t be able to file a workers’ compensation claim, for example, if you fell and hurt yourself while on a lunch break at a restaurant.
Workers’ compensation benefits offer extensive coverage, but they are also helpful to employers since they shield them from further legal actions related to the injuries their workers sustained — even if the company was irresponsible and thus directly responsible for the injury.
Particularly, litigation against the employer are generally prohibited by workers’ compensation rules.
Injured workers may find it more convenient to just accept workers’ compensation benefits rather than suing their employer in a protracted litigation, thus this isn’t always a “huge problem” for them. The costs of pain and suffering, emotional anguish, and other damages may not be entirely covered by workers’ compensation payments in cases where an employee has sustained substantial workplace injuries.
These losses may accumulate. Therefore, it makes sense to evaluate your strategic choices for suing your employer directly (rather than merely relying on workers’ compensation benefits) if you’ve experienced a serious workplace accident.
The Liability Shield’s Exemptions
In a certain situations, you may be able to directly sue your employer. Two typical exception instances are as follows:
- You weren’t an employee; and 2) The employer injured you willfully or negligently.
Think of #1.
Let’s say you work as an independent contractor for a company. You perform frequent jobs for them as a freelancer, but they are not your sole client. You wouldn’t be eligible for workers’ compensation payments at all if you get hurt while working for that company customer. As a result, the prohibition on suing them does not apply to you either. You have every right to file a claim against them and seek restitution from them in court.
Consider scenario #2:
Let’s say your employer caused your injuries by acting recklessly or even maliciously, going beyond simple negligence. Even if they were aware that the employees would need the equipment to prevent injuries, they may have chosen to forgo providing it to them in order to save money. That would be regarded as careless behaviour, and you would have the right to file a lawsuit and seek financial compensation.
For A Free Consultation, get in touch with a workers’ compensation lawyer.
If you have an injury while working, you may be entitled to workers’ compensation benefits or, in certain circumstances, compensation through a lawsuit against your employer. However, proving that the restrictions on workers’ compensation don’t apply while you’re suing your company can be a difficult task.
Our lawyers are here to help at any time.
We at 11112222 run a broad network of attorneys, some of whom have handled on-the-job injury cases before. We urge you to get in touch with us right away because one of our representatives will put you in touch with an experienced workers’ compensation lawyer in no more than ten minutes.
Don’t wait; consultations are confidential and free. Calling in and consulting with a lawyer in our network has no drawbacks.
We are eager to assist you.