Suing Your Employer for an Injury while Filing for Workers’ Comp

Getting injured at your job is possible, especially if you work in an environment where you need to use physical force. Thankfully, you don’t have to be the one paying for the treatment. You can get some recompense, but it’s only possible through the workers’ compensation law.

Basically, you have advantages to filing a compensation claim, instead of a lawsuit, but it also has its drawbacks. So would you like to learn more about filing for workers’ comp, and what it involves? Then read this article and find out.

Filing a Lawsuit – When Can You Do It?

Normally, when a workers’ compensation exists, suing is not possible. Through workers’ comp, you pretty much give up your right to sue your employer in case of injuries, and receive other benefits, such as money, for what happened. Of course, this depends on who is responsible for the act in the first place.

But even still, there are certain exceptions when suing is possible. For instance:

  • Someone has said something negative about you, but it’s not true and may cause you harm.
  • You were intentionally injured by the employer, through him/her hitting you or any other means.
  • Something of yours has been taken and made their own.
  • Your privacy has been invaded, through things such as exposing your personal photos or information.
  • Your employer doesn’t have workers’ compensation insurance, or not sufficient.
  • You’ve been lied to, which ended up in your injury.

Suing Your Employer

If one or more of the items listed above apply in your case and you want to sue the employer, then you need to realize what this involves. That being said, keep in mind that aside from the workers’ compensation benefits, you have other things you may get money for. For example, you can sue for suffering, pain, punitive damages, also receive money for medical care, the wages you’ve lost and for any permanent impairment.

If you don’t know how to approach things, you can always talk to a lawyer who can offer advice on what your next move should be. Overall, know that the lawsuit has to be filed in your state, the location of your employer, or wherever the injury was inflicted. However, if they’re in different states, your attorney should give you advice for filing it in the correct jurisdiction.

Make sure you provide lots of documents, to prove to the judge that you are fit to file this lawsuit and your employer is guilty.

Final Thoughts

It’s essential to know the local workers’ compensation laws before you file a lawsuit. You won’t be able to do it, unless some exceptional reasons occur, so make sure you choose a proficient attorney who can advise you during these times. We hope this guide was able to help give you some valuable information.