Suing Your Employer vs. Pursuing Workers’ Comp
Workplace accidents can occur in nearly any workplace environment, including offices, factories, stores, and airports. Workplace accident injuries vary from minor to severe, and have countless causes. Common causes of workplace injuries include poor management, faulty equipment, lack of safety procedures, failure to follow safety procedures, hazardous items blocking walkways, and vehicle accidents. If you become injured at your workplace, it is significant to know about workers’ compensation, or which circumstances would cause you to sue your employer. The following concepts discuss suing your employer, versus pursuing workers’ compensation.
If you become injured at work, you will want to be compensated for your losses. Workers’ compensation insurance is designated to protect employees, and to protect employers, simultaneously. Workers’ compensation offers compensation to the employee, even if the employee was partially or fully responsible for the nature of their injury. The takeaway message is that workers’ compensation works as protection for both the employee and the employer.
When can employees sue their employer?
The following three situations discuss conditions when you can sue your employer for a workplace accident:
- You think the injury was intentional: Although intentional and negligent are classified under different circumstances, you may have a case if you believe you’ve been intentionally mislead or hurt. If your employer led you to believe defective equipment was repaired, although it never was, you may be able to pursue a personal injury lawsuit.
- Your employer does not have workers’ compensation insurance: If your employer does not have workers’ compensation, you have the right to file a lawsuit. The lawsuit may include compensation for medical bills and punitive damages. Legally, your employer must have workers’ compensation. Furthermore, they will have other legal issues, aside from your lawsuit.
- Third party injuries: In some third party situations, you can also file a claim. If you become injured while operating faulty machinery that was poorly manufactured, you may be able to sue the manufacturer. If you were intentionally harassed by a coworker, you can file a claim against them.
Lawsuit for termination of workers’ compensation benefits
Workers’ compensation claims are typically pursued through an administrative process, rather than through the court system. You will not be able to appeal your benefits award until the administrative process has been entirely exhausted. Additionally, you will not be able to appeal your benefits until all parties have attempted to settle a claim entirely. You must then appeal a special workers’ compensation board, or a specially nominated court to move through the process. You can seek compensation through a civil court system, only after you have met all statutory process requirements.
Personal injury accidents that occur in the workplace are complex legal matters. If you become injured in the workplace, immediately tell your employer and seek medical attention. Even if injuries appear minor at first, medical personnel should assess your physical state, as some injuries worsen over time. If you are curious about filing a workers’ compensation claim, or you feel you have grounds to sue your employer, seek out a personal injury attorney to help you obtain the compensation you deserve for your injuries.
If you or someone you know has been injured in a car crash or truck accident and are in need of an accident attorney in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando, Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city in Florida –remember after 911, call 411! 1-800-411-PAIN can put you in touch with an experienced, aggressive network attorney who will fight for your rights and get the maximum compensation you deserve. Don’t forget to follow 411 PAIN on Twitter (@411PAIN), keep up with the conversation at #411PAIN and check out the 411 PAIN event gallery 411painevents.com!