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.