Workplace injuries are all too common, and no matter what kind of work injury you’ve experienced, it’s likely that you have a lot of questions. You may be wondering: Can I sue my employer for negligence? If I am hurt on the job, what are my rights?
Below you’ll learn the answer to these questions and get a clearer understanding of when you should consider before filing a lawsuit.
Workplace Injuries and Workers’ Compensation
If you are injured at work, the most likely way to recover compensation is through workers’ compensation law. Typically, you can’t file a lawsuit for any damages related to a workplace injury as the workers’ compensation claim is in place to cover it.
Workers’ compensation does have several benefits over lawsuits, as you can receive medical benefits and other compensation like lost wages and permanent disability benefits right away if you’re eligible.
On the other hand, workers’ compensation claims do not allow you to recover punitive damages, so you can only receive benefits allowed under workers’ compensation laws in your area. These are often determined as a percentage of your earnings, which can also be an issue.
When Lawsuits are Allowed
In some circumstances, you can file a civil lawsuit against your employer if you are injured at work. Employer negligence, duty of care, and other issues can sometimes make a lawsuit viable.
For example, if your employee intentionally hurt you, you can file a tort claim but you’ll have to be able to prove that your employer took action while intending to directly harm you. If your boss punched you, for example, you could sue. This doesn’t apply to other types of negligence like duty of care, such as a case where your employer fails to protect you from injury or acts carelessly.
If your employer does not have workers’ compensation insurance or has insufficient levels of insurance, you can also sue them. Because not having workers’ compensation insurance is illegal, this is not especially likely.
Even if your workers’ compensation claim is denied, you will not be allowed to file a lawsuit against your employer. However, you can file an appeal and try to get workers’ compensation.
Civil Case Compensation
If you are able to file a civil lawsuit, you can sue for a variety of benefits that are not included under workers’ compensation. In addition to lost wages, medical treatment, and payment for permanent injuries, you can sue for pain and suffering and punitive damages.
If you decide to file a civil lawsuit, it is essential that you work with a Work Injury lawyer with experience in these types of cases. Filing this type of claim is quite complicated, so you’ll want to work with a lawyer who comes highly recommended and has a good track record with these cases. If you’re unsure whether you have a civil case, meeting with a lawyer is a good idea as it can help you understand your legal rights, usually at no cost to you.
If you’ve been injured at work and believe you are eligible to file a civil lawsuit, get more information by downloading our personal injury recovery kit or contact us for a consultation.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.