Can You Sue for a Work Injury?

Immediately after you're hurt on the job or have been diagnosed with an illness related to your employment, you need to notify your employer. If you fail to do this in a timely manner, you will give up the right to recover compensation. You need to notify your employer immediately, and if they request that you attend a specific doctor's office to be evaluated, you need to do so. 

Employers have a legal responsibility to keep their workplace hazard free and safe. Unfortunately, injuries continue to occur in a broad range of industries in many different states, and far too many people suffer catastrophic injuries or even fatalities on the job. A worker who is injured or develops an illness because of exposure at work typically files a workers’ compensation claim to get benefits. The workers’ compensation program is paid for through insurance with your employer, and this covers your benefits and medical treatments if you were hurt in a legitimate work-related accident. 

However, there are some cases where you may step outside of the workers’ compensation claim process to instead sue your employer as an injured worker. Determining the best course of action for your individual case will depend heavily on the facts of the case, and knowledgeable workers’ compensation lawyers at Morgan & Morgan can fight for you at every step of the process. 

If you have already submitted a claim and were denied for benefits, it is essential that you communicate with a workers’ comp lawyer immediately. It is devastating to get hurt on the job, especially if it was not your fault and your employer was responsible for an unsafe work environment. In those circumstances, it is vital that you know the full scope of your rights and legal responsibilities. 

In most cases, you may be required to recover compensation through your workers’ comp policy. Recovering compensation through workers’ comp may be straightforward and may provide additional benefits if you sustain a disabling injury. There are other circumstances, however, where you may need to contact a workers’ compensation lawyer to assist you with a denied claim or other problems with the workers’ compensation insurance company. 

In a work-related accident, an employee typically does not have the legal responsibility to prove fault, instead, it is your job to show that the injury was work-related and occurred within the scope of your employment duties and tasks. Workers’ compensation gives workers the benefits they need without proving liability and fault, but it also protects employers from being sued by those workers. Because you may be required to go through the workers’ compensation system, you typically are unable to sue an employer for an injury. This means that you cannot receive compensation for elements that may be provided through personal injury lawsuits, such as mental anguish, pain and suffering, and any other form of non-economic damages. There are some exceptions, however, in which the answer to, "Can you sue your employer for a work injury?", is yes.

If a third party contributed to or caused your injury, you may be eligible to open a lawsuit against that party. Remember that in these circumstances, however, you are not suing your employer but instead the third party who is responsible for your injury. You may also be eligible to open a lawsuit against your employer if the employer intentionally caused you harm. 

For example, if your employer assaulted you during an argument, you may be able to sue the employer for the physical injuries from the assault. Many states have specific rules that do not allow employees to sue employers based on gross negligence. There may be distinctions, such as the employer must have intended to cause the individual harm in order to be liable in any injury lawsuit. Furthermore, a worker is eligible to open a personal injury suit if the employer is not carrying workers’ compensation insurance and was required to do so. In those circumstances where you believe you need to sue for a work-related injury, it is vital to have the right attorney on your side. 

Personal injury claims can generate much more substantial settlements or verdicts than workers’ compensation claims, and workers may be eligible to pursue pain and suffering and other emotional damages if they instead open a personal injury lawsuit rather than going through workers’ compensation. Of course, you need to sit down with a workers’ compensation lawyer at the outset of your case to determine if you have the legal option to pursue compensation outside of workers’ comp. 

Your case may be so complicated that you can go through workers’ comp and may additionally pursue compensation with a personal injury lawsuit when a third party is responsible. However, it is essential to have knowledgeable legal counsel to answer these questions for you as soon as possible. Failing to file your lawsuit in a timely manner could present a number of different kinds of problems, so it is beneficial to get help immediately. The process of pursuing a personal injury lawsuit may involve counterarguments and defenses brought by the employer or the third party, whereas workers’ compensation is no fault and requires following a specific process. 

If you find that you need to file a personal injury claim, it is crucial to work with a workers’ compensation lawyer to build your case and to prepare for any potential defenses the employer might present to avoid liability.

It can be very challenging to think through all of these details and also worry about what may happen to your current employment if you were to bring a lawsuit. It is best to meet with a knowledgeable work injury lawyer at the outset of your case to discuss what elements influence your ability to receive compensation. Your lawyer may be able to tell you more about whether or not your case meets the grounds to pursue a third-party lawsuit against someone who may be responsible for your injuries. Even if you suspect that you may have grounds for a third-party lawsuit, it is still important to notify your employer as soon as possible about an accident that happened on the job or an illness that you believe developed because of your work duties. Doing so will protect you in the event that you only have grounds for a workers' compensation claim, so that you can begin to recover compensation paid out for your time lost and for the severity of the injury. 

As soon as possible after you are injured, you need to get organized with keeping track of all the relevant evidence. This is because this evidence may need to be presented to your workers’ comp lawyer or your personal injury lawyer to support your case. It is valuable to be very organized when you proceed in this manner because your lawyer will need to review all of this information and help you with your process. The qualified lawyers at Morgan & Morgan know how hard it can be to navigate this legal process on your own, especially if you are unsure about whether or not you are eligible to pursue a personal injury claim separately. 

Eyewitness testimony, medical records, and any other details may be essential for helping you to navigate the workers’ comp or personal injury process. Do not hesitate to get help from a qualified and dedicated lawyer, as this may be your best possible chance at making a full recovery from your injuries. Far too many workers are seriously injured on the job, but when you can show that a third party is liable or when your employer directly caused you harm, this information needs to be shared in your personal injury lawsuit.

To learn more, contact Morgan & Morgan today for a free, no-obligation case evaluation.