Workplace Injuries: Suing Outside of Workers’ Compensation Claims

If you have been injured at work, you probably have the misconception that the only restitution you can receive will be derived from your employer’s workers’ compensation protection. While this is typically the case, there are in fact many exceptions to this. There are certain elements that may have transpired at the time of your injuries that may allow you to sue for the damages you sustained outside of your employer’s workers’ compensation coverages. Ultimately, workers’ compensation protections are not the only methods of seeking restitution for your workplace injuries.

The following is a limited list of a few elements that may allow you to seek restitution outside your employer’s workers’ compensation insurance carrier.

Being injured by a faulty tool or product at work can allow you to bring forth a products liability suit against the manufacturer of the tool.
In the event that you were injured by the use of a toxic product, you could have the opportunity to bring forth toxic or poisonous tort claim against the manufacturer of that toxic substance.
If you suffered injuries at work because of your employer’s negligence, you can file a personal injury claim against that employer.
In the event in which your employer does not have workers’ compensation insurance coverages, you have the right to sue that employer in a civil court in an effort to collect the restitution you deserve.

The Incompleteness of Workers’ Compensation Benefits

While workers’ compensation insurance can provide you with a form of restitution for your injuries, certain payouts and other benefits are frequently low and will sometimes not compensate you for things such as pain and/or suffering.

Further, workers’ compensation will not provide you with punitive damages, which are served to punish the negligent employer for his or her poor management. Because of this incompetence, it is important that you understand that you could have the right to file a claim separate from the workers’ compensation process.

Seeking Restitution in Outside Areas

If the injuries you have sustained at work have been the cause of a disability, you may be able to seek benefits from the SSDI, also known as the Social Security Disability Insurance. This can be an effective method of seeking assistance in the event that you can no longer work due to the severity of your injuries.

Being Injured by Cause of a Faulty Product or Toxic Substance

Manufacturing companies can be held responsible for injuries you sustained due to the use of their faulty equipment or harmful chemicals in their products. If there was a lack of warning labels or a failure to detect a defective part of a product, manufacturing companies could be held liable for their part of the incident. In the event that your claim was successful against the manufacturing company, the company could compensate you for all of your medical expenses, any lost wages due to your inability to work, as well as compensate you for any pain and suffering you sustained from the injuries.

You Have Options

If you have been injured at work, know that seeking compensation from your employer’s workers’ compensation insurer is not the only option you have. You can obtain restitution for the injuries you received from other venues so as long as the elements of your injury allow it. Seeking to file a claim for your injuries can be a stressful matter, hiring a professional attorney can help you win your case and obtain the compensation you are owed.

Transcript: My name’s Justin King and I’m a personal injury lawyer here in the Inland Empire. I want to talk to you briefly about the difference between a workers’ compensation claim and a personal injury lawsuit. If you’re injured on the job, you can not sue your employer in a civil case. You are limited to a claim under the workers’ compensation system, under their workers’ compensation insurance. That workers’ compensation claim is capped.

There are certain ground rules and a certain amount of money based on your disability level that you will get paid out for that claim. And you are entitled to get workers’ compensation benefits whether you’re at fault for your injury, whether someone else is at fault for your injury, or whether it was just simply an accident. As long as you are hurt on the job, you can get compensated from the workers’ compensation system. But like I said, the damages that you can get under the workers’ compensation system are capped and they’re not gonna fully compensate you for the injuries that you suffered in the accident. But don’t just assume that if you were injured on the job that you’re limited to the workers’ compensation system.

You may have another claim if someone else is responsible, like another company that was working with your employer on a job site actually caused your injury. If it was maybe a product that was defective that caused your injury while you were at work. Or if it was a dangerous condition of property that you encountered while you worked that caused your injury.

Those types of things can make another third party responsible for what happened to you and you can pursue that third party in a civil law suit which allows you to get fully compensated for your injuries and have all of your damages on the table. So if you were injured on the job, don’t just assume that you’re limited to a workers’ compensation claim.

Please contact a personal injury lawyer. Let them look at the facts, let them look at the information and let you know if you potentially have a claim against a third party. If you have any other questions, please go to my website or feel free to contact my office.

Categories : Premise Liability, Workplace Accidents

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By Justin H. King, Esq. | Posted on March 3, 2018

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.