Legal options after a workplace accident

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Generally speaking, when you get hurt because of someone else’s actions, you have the right to take legal action to recover damages. However, this doesn’t necessarily apply if you get hurt at work. 

can you sue your employer for injury

Workers’ Compensation Versus Lawsuits

Can you sue your employer for injury? If you are covered under the employer’s workers’ compensation insurance policy, the answer is usually no. Workers’ compensation is a no-fault system, which means that if you get hurt on the job, your employer automatically has to compensate you for your injuries regardless of who is at fault. 

This is a mutually beneficial system. If you had to go to court to prove your employer was at fault, you would have to wait a long time to find out whether you were getting paid and how much, and if the jury decided against you, you would not get any compensation at all. This way, you have an idea of how much compensation you deserve and can receive it in a timely manner, while your employer avoids the time and expense of putting up a defense in court. 

READ :  Hallmarks of a Quality Personal Injury Lawyer

Third-Party Lawsuit

Depending on the circumstances under which your injury occurred, it may be possible to file a third-party lawsuit. This becomes a possibility if you have a work-related injury to which someone outside the company contributed in some way. For example, if you were driving for work and got into a car accident with someone else, it may be possible to sue the person responsible for damages from the car accident while still receiving workers’ compensation for the work injury from your employer. 

In practice, the workers’ compensation system doesn’t always work out the way it is supposed to. Employers and insurance companies may deny claims or not pay you all the compensation that you deserve. Your employer may even attempt to retaliate against you, i.e., punish you in some way for filing a compensation claim. In situations such as these, it may be possible to file a lawsuit against your employer. 

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