I’ve Been Injured on the Job. Can I Sue My Employer?

Getting injured at work is an unfortunate experience that everyone hopes to avoid. Serious workplace injuries may incur medical debt, lost income, and more. After a workplace injury comes the process of seeking assistance, often in the form of compensation through your employer’s insurance.

Sometimes, an employee can file a lawsuit to hold the responsible party accountable for their injuries. This process is known as pursuing damages and can be done in place of or in addition to receiving workers’ compensation. Knowing when you have a right to file a lawsuit can help you seek the compensation you deserve.

When Can You Sue?

The majority of workplace injuries typically fall under the coverage of your employer’s insurance. In some cases, employees can take legal action and file a lawsuit. These instances can include:

Intentional Harm

Intentional harm refers to situations in which workers are deliberately placed in harm’s way. This can include being injured as a result of altered or removed safety protections, being exposed to hazardous conditions, or being coerced into doing a dangerous task.

Poor Safety Measures

Deficient safety precautions can result in injuries if safety procedures, preventatives, or protections are ignored, or workers are forced into an unsafe working environment.

Defective Equipment

Defective equipment describes malfunctioning or faulty workplace machinery, tools, or other equipment resulting in injury. In this case, injured employees may have a lawsuit against the manufacturer of the machinery or another unsuspecting third party.

Toxic Substance Exposure

Exposure to toxic chemicals can cause workers to become extremely ill, even years after exposure.

Third-Party Negligence

If an individual who is not an employer caused your injury, such as a contractor, you may have a claim.

Should you find that any of these situations apply to your injury, consider seeking professional counsel from a serious workplace injury lawyer to review your options.

Pursuing Damages For Your Injury

Deciding to file a lawsuit for compensation directly against your employer is possible for recovery of multiple types of damages, such as:

• Medical bills, such as the cost of treatment, care, surgical expenses, rehabilitation, or other incurred expenses resulting from the injury
• Lost wages you may have accrued and may accrue in the future due to the effects of your injury
• Pain and suffering for any physical pain and/or distress that the injury may have caused you, including coverage for lost quality of life
• Punitive damages, or punishment for the reckless or malicious actions of your employer
• Loss of earning capacity if your injury resulted in permanent disability, affecting your ability to earn an income

The amount of damages you are legally permitted to pursue is dependent upon the severity of your injuries and the circumstances of your lawsuit. The assistance of an experienced lawyer can make all the difference in covering all avenues of compensation you may be entitled to.

Talk With Our Lawyers to Learn if You Can Sue Your Employer After a Job-Related Injury

If you were severely injured at work, understanding when you can pursue a lawsuit for compensation is crucial for your financial well-being. An experienced personal injury lawyer from Jan Dils, Attorneys at Law can help you explore what legal options are available to you. Schedule a free consultation with our experienced team of attorneys for help securing the compensation you deserve.