Employers that provide workers’ compensation benefits to employees who are injured at work typically cannot be sued in a personal injury lawsuit. However, injured workers who are eligible for workers’ compensation are allowed to take legal action against their employers in certain situations. Here are some of the situations where it may be appropriate to sue your employer:
Employees are typically permitted to file a personal injury lawsuit against their employer if they can prove that the employer intentionally caused them harm. For example, let’s say the owner of the company pushes you to the ground in the middle of an argument. This was clearly an intentional act, so you can pursue a personal injury lawsuit in addition to workers’ compensation benefits.
Employers can also be sued if their extremely reckless behavior or bad conduct results in an injury. For instance, employers are required to provide their workers with the safety gear they need to protect themselves while on the job. If an employer refuses to give you the gear that you need but demands that you do the job anyways, you could be seriously hurt. Not providing employees with the proper safety gear is an example of extremely reckless behavior. In this situation, the injured employee may file a personal injury claim against the employer.
Other Liable Parties
Injured workers may be able to recover compensation from other parties besides their employers after an on-the-job injury. Workers who are injured by defective products, for example, can file a product liability claim against the manufacturer.
Third parties can also be held liable for on-the-job-injuries. This type of personal injury lawsuit often arises after someone is injured in a car accident. For example, let’s say you deliver flowers for a living and are hit by another driver while making a delivery. If the other driver was at fault for the accident, you have the right to file a personal injury lawsuit against him or her.
It’s important to work with an attorney to determine all of your legal options. Workers’ compensation benefits are often not enough for people who are seriously injured. Plus, you will not be compensated for your pain and suffering through the workers’ compensation system. But fortunately, a personal injury lawsuit can help you recover more compensation for your injuries.
Have you been injured at work? Let our attorneys review your case to determine if you have the right to file a personal injury lawsuit in addition to a workers’ compensation claim. Please call Armstrong & Vaught, P.L.C. today at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with an experienced attorney.