Can You Sue If You're Hurt at Work?

Worker's compensation insurance may not be the only avenue to receive financial compensation if you are hurt at work. There are several situations that can open the door for a lawsuit to recover for your injuries.

1. Your employer's conduct was intentional or egregious. If your employer intentionally injures you, such as a physical assault, then you may be able to sue. Also, if your employer asks you to perform a work task that violates accepted safety standards, this may rise to the level of an 'egregious' act.

2. Your injury was caused by a defective product. If the machines and equipment you work with are defective, faulty or inherently dangerous, the manufacturer can be responsible for your injury. This is the case if they knew about the danger and/or failed to properly warn the employer or employees.

3. Your injury was caused by a toxic chemical substance. "Toxic torts" are lawsuits arising from chemical injuries and illnesses. The most familiar are asbestos exposure cases. However, there are many other situations, ranging from immediate acute injuries such as burns and poisonings to latent diseases such as cancer, that fall into this category.

4. Your employer does not carry workers' compensation insurance. While you do not have to prove fault to collect worker's comp, you will have to prove the employer was at fault to sue in civil court. This is the course you would have to take if your employer is uninsured.

Professional legal advice is needed for all of these situations due to the complexities of workplace injury lawsuits.

No Comments

Leave a comment
Comment Information