When employees get injured at the workplace, employers typically offer them compensation through the worker’s compensation law. Since all employed individuals are either covered under state worker’s compensation or federal worker’s compensation in America, a typical lawsuit can’t be filed for workplace injury against the employer. It is always best to consult an attorney for pain and suffering at work to see what you can do.
There are benefits of worker’s compensation, including not having to go through a lengthy lawsuit and getting medical and monetary compensation immediately. However, there are also a few drawbacks, including not getting punitive damages.
While you can’t sue your employer for pain and suffering because of worker’s compensation, there are still certain cases in which you can.
When Can You Sue Your Employer?
You can sue your employer under the following two circumstances:
1. The employer intentionally caused you harm: if your employer took certain actions with the direct and specific intent to harm you, then they can be sued for intentional harm. For instance, your boss loses his temper and hits you. Keep in mind; this certainly doesn’t include the employer’s negligence towards your safety and health. Negligence isn’t intentional harm and therefore, is covered under the worker’s compensation act.
2. The employer doesn’t have worker’s compensation insurance or if it is insufficient: Only Texas allows businesses not to have worker’s compensation, but every other state makes it a legal obligation for all employers to have worker’s compensation insurance, and that too in a sufficient amount. If your employer has insufficient or no worker’s compensation insurance, then you can sue them.
In case your work injury claim gets denied, you still can’t sue your employer. You will have to file for an appeal instead.
Filing a Claim against the Employer outside Worker’s Compensation
In order to sue your employer under the above mentioned circumstances, you will be able to recover compensation for lost wages, medical expenses, permanent impairment (if any), as well as for punitive damages and pain and suffering.
You are required to submit specific documents to start the lawsuit. Firstly, you will have to prove in court that you meet the eligibility of suing your employer. Moreover, you will have to prove that you sustained occupational illness of workplace injuries to establish the personal injury case. In case of insufficient or no workers’ compensation insurance, you will have to prove things differently.
Pain and suffering at work | Attorney Javier Marcos
It is essential that you hire an experienced work accident lawyer to help you with the case since the process is fairly complex. Proving that your employer caused you intentional harm will not be easy, but your attorney can help gather sufficient evidence to fight your case. Attorney Javier Marcos can help you with your case of pain and suffering at work. Do not let time pass by, call the office right away. We are open 24 hrs, just dial 713.999.4444. There is no payment unless we win the case, we go to you, always receive free consultations and we all speak spanish.