In the United States, if you experience a workplace injury, you are generally covered by the workers’ compensation system, which provides benefits to employees who are injured or become ill as a result of their work. Workers’ compensation insurance is required for employers to carry to provide benefits to injured employees.
Workers’ compensation benefits typically include coverage for medical expenses related to workplace injuries or illness, compensation for lost wages during recovery, and, in some cases, pain and suffering and disability benefits for permanent injuries. In exchange for receiving these benefits, employees generally waive their right to sue their employer for negligence in connection with the work related injuries.
However, there are exceptions to workers’ compensation laws that allow injured workers to sue their employer under certain circumstances:
- Intentional Misconduct:
- If an employer intentionally causes harm to an employee, the injured worker may have grounds to file a workers comp claim and sue the employer for intentional misconduct.
- Employer’s Failure to Provide Workers’ Compensation Coverage:
- If an employer fails to carry workers’ compensation insurance as required by law, injured workers may have the option to sue their employer for damages in civil court. Securing a workers’ compensation insurance carrier is usually mandatory for an employer.
- Third-Party Liability:
- In some cases, a third party other than the employer may be responsible for the worker’s injury. Injured workers may have the right to pursue a separate personal injury lawsuit against the third party while still receiving workers’ compensation benefits.
- Toxic Substance Exposure:
- If an employer’s intentional or negligent exposure to toxic substances causes an on-the-job injury to an employee, the injured worker may have grounds to sue the employer for damages.
- Defective Products or Equipment:
- If an injury is caused by a defective product or equipment, an injured employee may have the right to sue the manufacturer or distributor of the product, in addition to receiving workers’ compensation benefits.
If you have been injured at work, it’s essential to report the injury to your employer as soon as possible and seek medical attention. Your employer should provide you with information on how to file a workers’ compensation claim. You may also consider consulting with a workers’ compensation attorney to understand your rights and options under the law.
Reasons To Sue For Workers – FAQ
reasons to sue workers comp? A workers’ compensation claim can cover a myriad of issues. From pain and suffering, a work-related motor vehicle accident, mental anguish (in some cases), slips and falls, and other on-the-job injuries. The best option is to contact a workers’ compensation lawyer, like the ones at Lawyers for Justice, PC. The firm does offer free case evaluations.
how long do i have to sue for work-related injuries? The statute of limitations for California’s workers’ compensation claims is one year from the date of injury.
can i sue my employer for pain and suffering? Each workers’ compensation claim is different, and thus, there are different financial recovery options based upon different work injuries. The best way to get a free case evaluation about your particular pain and suffering issue is to call a work injury lawyer. The attorneys at LFJ can help point you in the right direction to help with your personal injury lawsuit.
if i sue workers’ comp will i lose my job? Under California workers’ compensation law, an employer cannot terminate an injured employee solely because they sustained an injury on the job or decided to file a personal injury claim.
can i sue my employer for negligence? Worker’s compensation benefits typically covers lost wages and may not take care of permanent damages. However, by filing an employer negligence lawsuit, the employee can recover compensation for all damages, as well as a more significant settlement. If you are interested in suing for negligence, you should contact the personal injury attorneys to help.
can i sue for a workplace injury? You receive benefits no matter who was at fault for your job injury under workers’ compensation benefits. It is illegal for your employer to fire you for having a work related injury, or for requesting workers’ compensation benefits, if your injury was caused by your job.
can you sue if you accept workers compensation? If an employee sustains a personal injury at work and accepts their employer’s worker’s compensation insurance, they give up their legal right to sue their employer. The injured worker receives workers’ compensation benefits in lieu of filing a personal injury lawsuit.
can you sue your employer after workers’ compensation? See above.
how to sue workers comp? Injured employees should firstly seek medical treatment for their injury. Secondly, they should report the work related injury to their employer and file a workers’ compensation claim, if necessary. To recover compensation for medical bills and other benefits if the employer failed to protect workers, there was defective equipment involved in work injury, or there was another type of negligence, contact a personal injury attorney for a free consultation.
how long after a work injury can you sue? The statute of limitations for a workers’ compensation claim is one year from the personal injury.
can i collect unemployment after workers comp settlement california? It is possible to collect unemployment after a workers’ compensation settlement, but usually a resignation letter becomes part of the workers’ compensation law settlement agreement. If you agree to provide a resignation letter, you will no longer be able to collect unemployment.
can you quit your job while on workers comp? Under California law, you can quit your job while receiving workers’ compensation benefits, but it could potentially influence the type and amount of benefits that are made available.
can you get fired for being injured off the job? Some employments contracts stipulate that if an employee cannot complete the tasks assigned to them, they can be terminated. If this is found, then it is likely that the injured employee could be fired. Under the Americans with Disabilities Act, the employee might not be fired if the injury they sustained is a long-term or permanent injury. If so, it is illegal for the employer to fire the employee and if the worker returns to work, the employer will need to make accommodations.
can you file workers comp after quitting? Yes, you may file a workers’ compensation claim after quitting your job. However, the timing is crucial. Contact a work injury attorney for more information.
