Work Injury: Is It Right to Sue Your Employers?

An employee’s only remedy for a workplace injury is to seek compensation through workers’ compensation. However, there are several exceptions. For instance, an employer cannot retaliate against an employee who files a workers’ comp claim. A local attorney can help you determine your options for compensation.

It may also be possible to sue a third party, such as the equipment manufacturer or a property owner if they are responsible for your injury.

Suing Your Employer

Sometimes, it may be possible to sue your employer after a work injury. However, determining if you qualify for workers’ compensation is imperative before filing a lawsuit. Guidance from a lawyer can help you make this determination. Injured workers Jersey City NJ can file a third-party personal injury lawsuit against a company or person responsible for their injuries. It can include contractors, subcontractors, property owners, negligent drivers, and manufacturers of defective products. If you have been injured at work, follow your doctor’s advice and keep detailed notes about the doctor’s accident. Also, do not see a company-approved doctor for your injury. A third opinion from an experienced doctor is highly recommended. In addition, you have the right to file a lawsuit if your employer demotes you or assigns you to less-than-favorable duties as retaliation for filing a workers’ compensation claim. You can also file a lawsuit for emotional distress if your employer intentionally harmed you.

Third-Party Injuries

Most worker’s claims prevent you from suing your employer for injuries. It benefits both parties: it prevents employers from defending themselves in time-consuming and expensive litigation and keeps employees from paying compensation for their losses. However, your workplace isn’t limited to your coworkers and company-owned equipment. It is filled with customers, patients, vendors, regulators from your industry, delivery drivers, and others your employer does not directly employ. These individuals are considered third parties, and you may have grounds to sue them for a work injury if they were responsible for your accident.

In most cases, the monetary award from a third-party lawsuit is far more than workers’ comp will pay you. Moreover, you can also recover noneconomic damages in a third-party claim, such as pain and suffering. The extent of your injuries, the cost of your medical care, and how they have affected your life will all impact the final amount of your settlement or verdict.

Litigating Your Case

You could sue your employer for work-related injuries for many different workers. However, it is important to be aware of the limitations that apply in this area. Generally, if your employer provides workers’ compensation benefits for your injury, you are barred from suing them. Exceptions can occur in cases where your employer intentionally caused your damage, or they deny your workers’ comp claim in bad faith. Additionally, some states may allow you to file a personal injury claim against an outside company responsible for your work-related injuries. Even when workers do not sue their employer directly, an experienced lawyer can help them pursue damages from third parties that could compensate them for their losses. It includes companies where workers replace your equipment and other contractors and third-party vendors. If you are still determining your options, you must discuss the specifics of your case with an attorney as soon as possible.

What You Need to Know

Many workers still decide whether to sue their employer for a work injury. They may rely on the uninformed advice of friends and family members. It is a complicated situation, and the answer depends on many factors. One of the most important issues is your eligibility for workers’ compensation. Most states have workers’ compensation laws that give employers immunity from work-related injury lawsuits, but there are exceptions to these rules. For example, you could file a lawsuit if you were injured while running a work-related errand outside the company premises or on a job-related business trip. Also, if your employer denies a workers’ comp claim or refuses to pay benefits you believe are reasonable and necessary, you can file an administrative hearing with the state.

Additionally, suppose your injuries were aggravated by fraudulent concealment on the part of your employer (such as failing to inform you about a known risk or dangerous environment). In that case, you may be able to sue for additional damages. A local attorney can help determine if you have grounds to sue for a work-related injury or illness.