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This content is for informational purposes only and is not intended to provide legal advice.
In most cases, you can’t sue a co-worker for a workplace injury, as you’re generally limited to filing a claim for workers’ compensation with your employer for any workplace injury. Although the rules state that you must file a workers’ comp claim for work injuries, possible exceptions exist.
According to legal experts, these scenarios can result in filing additional lawsuits for compensation:
- Damage caused by a defective product used in your work can generate a case against the manufacturer.
- If injured on the job by a toxic substance, you might be able to file a lawsuit against the manufacturer of that substance.
- Deliberate injuries caused by your employer are grounds for a personal injury lawsuit against the employer.
- In cases of injuries caused by a third party, you can sue the third party.
- If your employer doesn’t carry workers’ comp insurance, you might be permitted to sue your employer and collect damages from a state fund.
In all these cases except the last one, you can also sue for workers’ comp benefits. Workers’ comp pays relatively low benefits, so that’s why accident victims prefer suing in civil court for personal injury awards. Workers’ comp doesn’t award benefits for pain and suffering, emotional distress, or punitive damages. You can’t sue an employer for safety violations yet. It’s important to understand when you can file another claim type to increase your potential compensation.
In certain cases, you can file against a co-worker who caused an injury by wanton and reckless negligence or an intentional act designed to harm the victim.
In any case, the wisest course of action is to discuss the specificities of your case with a reputable law firm. Workers’ comp attorneys know all the rules and potential exceptions to guide you through the complex claims and appeal process. Getting a Carrollton workers’ compensation attorney is also a critical step if you qualify to file a personal lawsuit.
Additional Benefits
You might qualify for more money if you become fully or partially disabled. Government benefits include Social Security benefits, SSDI and SSI. In addition, when injured by a defective product of a toxic substance, you get expanded compensation options. For example, you can file against the manufacturer of the substance or equipment. In this situation, the manufacturer would also pay medical bills, loss of future earnings, pain, and suffering, and possibly, punitive damages.
State Exceptions
According to specialists, it’s unclear whether an employee is barred from filing a second personal injury claim against an employer. Several states have passed clarifying statutes that explicitly support the right of filing against an unscrupulous employer. These states include Arizona, Oregon, Louisiana, Washington, and West Virginia. If an employer can be shown guilty of deliberately causing an injury to an employee, the employee can sue the employer in civil court. Plaintiffs in other states might be permitted to sue an employer for a particularly egregious act, but most victims of deliberate injuries don’t get the option.
Statistical Injuries Overview
It seems that in many work environments, workplace injuries are grudgingly accepted as the price of doing business. But, unfortunately, regardless of how safe employers try to make the workplace, accidents will happen. Backs get injured from lifting heavy objects, hands and arms get caught in machinery. Bones get broken, and many employees sustain burns.
Data from the U.S. Bureau of Labor revealed that 2.8 million workplace injuries and work-related illnesses happened in 2019, closely matching figures from 2018. That translates to 2.8 injuries for every 100 employees. Workers comp provides a lifeline for workers, but it’s not designed to make anyone wealthy.
About one-third of 2019 accidents included sprains, strains, and tears. Cuts, punctures, and lacerations happened to 10% of workers’ comp claimants, and bone fractures temporarily disabled 9% of accident victims. About a third, 31.7%, of injuries, resulted in the claimant missing at least one day of work.
Final Thoughts
After receiving a workers’ comp award, you might have to give some of it back. Lawyers, doctors, and even government agencies might claim some of the money for fees and expenses. It’s important to figure those expenses into your budget and tailor your claim (with the help of your lawyer) to enjoy the compensation you deserve for your losses.
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