Workers’ compensation is insurance that provides medical benefits and wage replacement to employees who are injured at work. It is paid by employers. However, this also relinquishes the right of employees to sue their employers for negligence. Therefore, if you have already received workers’ compensation, then you can’t file a suit against your employer, but there are certain exceptions.
Following are some of the exceptions in which you can file a suit against your employer:
Your Employer doesn’t offer Workers’ Compensation
According to state laws, all employers are required to offer workers’ compensation to their employees. However, there are still some employers not offering this insurance for various reasons. If you have sustained injuries at work, but your employer doesn’t offer workers’ compensation, then you have every right to file a case against them.
Employer Harmed an Employee Intentionally
Certain states allow employees to file a case of negligence against their employers if they have intentionally caused them harm. There are varying standards and definitions of intentional harm in different states.
Unless the employer physically assaulted you in front of witnesses, it could be challenging to prove the intentional harm in court.
The case would depend on the laws of the state you are working in and the unique circumstances of your situation. Therefore, it is essential to have an expert lawyer to handle this complex case.
Injury Caused by Defective Machine or Equipment
If a machine or equipment you use at your workplace caused your injuries, then you can sue your employer or/and the manufacturer.
You will have to prove that your employer knew there was a defect in the equipment but failed to get it fixed. The injuries could have been prevented if the employer had fixed the machine. Therefore, once proven in court, you can recover damages.
The manufacturer of the machine can be sued if a manufacturing fault caused your injuries. You would have to prove that there were clear signs that the machine was dangerous, but the manufacturers still sold it.
Injury Caused by Toxic Chemical at the Workplace
Certain jobs require employees to handle or work closely with some harmful chemicals. This increases their risk of developing an illness or getting injured at work. Chemicals, including radium, silica, and asbestos, can result in serious diseases after prolonged exposure to them.
If your injuries are caused by exposure to toxic chemicals at your workplace, then you can sue your employer. Depending on your case, you may file a case for toxic injuries. There are two types of toxic injuries – latent injuries and acute injuries. Latent injuries are those that develop over time, like lung diseases and cancer. On the other hand, acute injuries are immediately apparent, like chemical burns and poisoning.
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Suffering from such injuries can be devastating and life-changing. You might not be able to work for a certain duration or even permanently, depending on the severity of the injuries. Therefore, if your case falls under one of these exceptions, you can sue your employer for negligence even after receiving workers’ compensation. Since these exceptions will be challenging to prove in court, be sure to hire an expert work injury lawyer to fight the case on your behalf.
If you have been injured at work, call Attorney Javier Marcos for help 24 hrs. You do not have to pay anything unless we win the case and consultation is always free. Call 713.999.4444 we will go to you. We all speak spanish.
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