Can You Sue For A Work-Related Injury?
When you are injured at work, you will usually have the injuries and recovery covered by your employer's workers compensation cover claims policy. However, there are some instances where this either doesn't cover the injury or where, due to the type of incident, you can still sue the employer or another party involved.
Did the employer cause the injury?
One way that you can still bring up a lawsuit for a work-related injury is if your employer was the one who caused the injury. This usually needs to be intentional harm caused by an employer, not accidental harm. If it was an honest accident, their workers' compensation policy should cover injuries so you will likely not be eligible for a lawsuit claim. However, if your boss was physically violent toward you and it resulted in an injury, your physical and emotional ailments might be eligible for a lawsuit. Contact a personal injury attorney specializing in workers' compensation issues to discuss this further.
Is your employer lacking in proper workers' compensation coverage?
Another way you might be able to sue your employer is if they either don't carry any workers' compensation insurance or they don't have enough to cover your injuries. It is the employer's responsibility to have workers' compensation for all employees, as it helps to cover work-related injuries and illnesses. In many states, it is even required by law. In this case, not only will they not be able to cover your injuries through the policy, but you can also sue them for damages so these medical costs don't become your responsibility.
Was a third party at fault for the injury?
There are some lawsuits where you don't actually sue your employer, but someone else that was at fault. If you were injured at work due to a third party's actions, especially if they intentional, you might be able to sue that person and also get help from your company's workers' compensation policy. For example, if you are a waitress at a bar and someone intentionally spills a drink on the floor in front of the table so that you slip and break an arm, you should be able to sue the person responsible.
Did you get injured due to a defective product or tool?
You might have also been injured at work due to a product or tool you were using that was defective. This could have caused you a significant injury, which isn't the fault of someone else or your employer. In this case, you might be able to file a product liability lawsuit against the manufacturer.