Protecting The Rights Of Those Who Protect Our Communities

Workers’ comp and suing your employer for workplace injuries

On Behalf of | May 6, 2020 | Workers' Compensation |

While workers in California like to think that nothing could go wrong at the workplace, the reality is that major injuries and illnesses could stem from the work environment. A workplace injury could significantly disrupt a worker’s life. While worker’s compensation can help address the medical bills and lost wages associated with the incident, it may be possible to recover additional compensation if certain causes of the injury were determined.

There are certain situations where an injured employee could collect workers’ compensation and sue his or her employer for the injuries suffered. This post will explore seven situations where this may occur. To begin, if an employer deliberately or intentionally caused the injury to an employee, a personal injury action could be filed as this is considered an intentional act to cause harm.

Because state and federal laws are passed to ensure the health and safety of employees, if it is determined that an employer’s non-compliance with these laws resulted in employee injuries, it is possible to sue the employer directly. Next, when an employee works with toxic chemicals and suffers an injury, a separate claim could be filed based on toxic tort laws.

When an employer is also the manufacturer of the equipment that caused an injury, an employee may have a product liability suit against their employer. Other situations that could result in an injured employee suing an employer for an injury include the employer covering up the injury or denying the claim, when an employer decides to not take out workers’ compensation insurance and when the injured party is technically not the employer’s employee.

An injured worker may be focused on recovering so they can get back to work; however, it is vital that they also focus on their rights and options in the matter. This could mean exploring other legal steps to recover additional compensation, such as filing a lawsuit against an employer. A legal professional could help a worker assess their matter, helping them determine if this is an appropriate step to take.