Workers Comp Lawyer
HOME
 
CONTACT US
 
SITE CONTENTS
 

When can I sue for personal injury that occurred on the job?

 
Workers' Comp Legal Services
  About Us - What We Do
  Workers Comp Litigation
  Basics of Workers Compensation
  Your Workman's Comp Rights
  Workplace Negligence Injuries
  Worker's Comp Lawyer: Costs?
  Get a Free Consultation with a Workers Compensation Attorney
When can I sue for personal injury that occurred on the job

Personal Injury in the Workplace

When can I sue for personal injury that occurred on the job?



Basically, if you are injured in your workplace while working and it was not due to your own negligence or you are not under any influence of drugs or alcohol, you can sue your employer for the personal injury you've sustained. In this case we are talking about not just making a claim under your worker's compensation rights, but the reality is that there are situations when you can sue for damages beyond this - and there are times when it will actually be a criminal case.

According to Nolo, Law for All, ”If you are injured because of some reckless or intentional action on the part of your employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering, and mental anguish.”

If you have gone to your employer and have not been able to reach an agreeable settlement, you will need to contact a worker's compensation lawyer to determine the validity of your claim. If your employer refuses to pay the necessary indemnification for the damages you've suffered then you need a workers compensation lawyer to help you file a law suit and represent you before the court. This attorney will handle the “work related injury” of your case and will also determine whether or not you need an attorney who specializes in just personal injury cases.

Your workman's comp lawyer will help you determine whether or not you have a case to sue your employer for a criminal case. This is possible if your injury was because your employer was negligent to provide a safe workplace - if he failed to take the necessary precautions and provide you a safe workplace. This may also include “injuries” you may have sustained from after work. “After work” refers to diseases you've suffered because of your work especially if your job is related to chemicals or toxics. In some of these cases you may not be entitled to for workers compensation benefits but you can also compel your employer to pay the necessary fine and be imprisoned.

To sum it up, here are few examples where you can sue your employer for the personal injury related to your work:

Injury from the natural course of your work



When a worker is has an injury that occured during the course of his work but was a result of “nature” and therefore it was unavoidable; then he can't sue for personal injury but he can receive workman's compensation benefits. This refers to events which are totally out of control of man and impossible to foresee even if you take the necessary precautions.

For example, John is a construction worker. He is checking the flooring at the second floor. Suddenly, a strong gust of wind blew making the pile of wood from the tenth floor to fall and hit him. John suffered from major injuries. Is John entitled to compensation? Yes, he is entitled for workers compensation benefits from his employer. Even though, the pile of wood fell without any intervention of human activity, it is because of the course of nature that it fell and caused injury to John. However, since there was no negligence, as long as there were no other extenuating circumstances, he can't sue for personal injury outside of the worker's compensation regulations.

If you were injured because of technical problems



When a worker is injured by a machine or equipment which is defective, or if there are technical problems, then he can file a lawsuit. The details of the situation will determine whether it will be a workman's compensation claim or a personal injury suit due to negligence. The employer is liable to indemnify for the damages the worker has suffered. If it is proven that it was due to the negligence of the employer (such as using defective machines despite of his awareness) then he can also be criminally liable.

For example, Bill is working for a company that repackages candy. He was assigned to press the button of the machine which automatically repacks the candy every 20 minutes. Five hours had passed, suddenly the machine overheated and exploded. Bill sustained second degree burns. Is the employer liable? Yes, the employer is liable to what happened to Bill. Bill sustained injuries while working and due to defect of the machine. The employer is compelled to pay for the medical expenses and to give Bill other related compensation benefits. Now if there was documented proof that employees had reported that there had been on-going problems with the equipment, rather than a single isolate incidence, then it is possible that there is a case to sue the employer for personal injury due to negligence on the employer's behalf.

Injury because of Toxic Substances



When an injury is caused by exposure to toxic substance in your workplace, you can file a law suit for “toxic tort”. Generally, the employer is criminally liable if he fails to provide protective gear for his workers and despite knowing the danger; he never warned or stopped his workers if there was risk of exposure in the normal course of work, or if there was a leak or contamination situation. Examples of injuries you may suffer because of these toxic substances are chemical burns, poisoning, lung diseases and cancers.

For example, Chris is working for a company that is involved with the production and refining of petroleum. He was exposed to Hydrogen Sulfide because he had been working without any protective gear (his employer did not provide it nor advise him that he was responsible to purchase his own as part of his contract). After 6 months of working, he died because of too much exposure to Hydrogen Sulfide. May the family of Chris sue his employer? Yes, the family is not only entitled of compensation benefits but they can also allege that the death of Chris was due to the negligence of the employer. Therefore, the employer is not only civilly liable but also criminally.

Injury from a third party



If a third party caused injury in your workplace, will the employer be liable? In most instances, you can bring the personal injury lawsuit against the third party - not your employer. You may be able to file for workman's compensation benefits because the injury occurred while at work. The best thing to do is to consult your workers compensation lawyer because there are instances where the employer can also be held liable.

If you are in need of a workers compensation attorney who can fight for your right to compensation benefits then we can help you. We will evaluate your situation and connect you with the workers comp lawyer who is best qualified to handle your case.


Workers Comp Lawyer in : Workers Compensation Lawyer
Workers Comp Attorney in : Workers Compensation Attorney
Workmans Comp Lawyer in : Workmans Compensation Lawyer
Workmans Comp Attorney in : Workmans Compensation Attorney
Frequently Asked Questions
  What do I do if my workers' comp claim was denied?
  Can I get a lawyer free in a workmans comp case?
  When do I need a workers compensation lawyer?
  How do I choose a workmans compensation lawyer?
  When can I sue for personal injury that occurred on the job?
  How much will I get for a workers compensation benefits settlement?
  Can I be fired while out on workers compensation?
Workers Comp Lawyer

 

Workers Comp Lawyer

 

Workers Comp Lawyer Alabama Workers Comp Lawyer Alaska Workers Comp Lawyer Arizona Workers Comp Lawyer Arkansas
Workers Comp Lawyer California Workers Comp Lawyer Colorado Workers Comp Lawyer Connecticut Workers Comp Lawyer Delaware
Workers Comp Lawyer District Of Columbia Workers Comp Lawyer Florida Workers Comp Lawyer Georgia Workers Comp Lawyer Hawaii
Workers Comp Lawyer Idaho Workers Comp Lawyer Illinois Workers Comp Lawyer Indiana Workers Comp Lawyer Iowa
Workers Comp Lawyer Kansas Workers Comp Lawyer Kentucky Workers Comp Lawyer Louisiana Workers Comp Lawyer Maine
Workers Comp Lawyer Maryland Workers Comp Lawyer Massachusetts Workers Comp Lawyer Michigan Workers Comp Lawyer Minnesota
Workers Comp Lawyer Mississippi Workers Comp Lawyer Missouri Workers Comp Lawyer Montana Workers Comp Lawyer Nebraska
Workers Comp Lawyer Nevada Workers Comp Lawyer New Hampshire Workers Comp Lawyer New Jersey Workers Comp Lawyer New Mexico
Workers Comp Lawyer New York Workers Comp Lawyer North Carolina Workers Comp Lawyer North Dakota Workers Comp Lawyer Ohio
Workers Comp Lawyer Oklahoma Workers Comp Lawyer Oregon Workers Comp Lawyer Pennsylvania Workers Comp Lawyer Puerto Rico
Workers Comp Lawyer Rhode Island Workers Comp Lawyer South Carolina Workers Comp Lawyer South Dakota Workers Comp Lawyer Tennessee
Workers Comp Lawyer Texas Workers Comp Lawyer Utah Workers Comp Lawyer Vermont Workers Comp Lawyer Virginia
Workers Comp Lawyer Washington Workers Comp Lawyer West Virginia Workers Comp Lawyer Wisconsin Workers Comp Lawyer Wyoming

 

Site Map Site Map Site Map
Contact Us Contact Us Contact Us
About Us - What We Do About Us - What We Do About Us - What We Do
Workers Comp Litigation Workers Comp Litigation Workers Comp Litigation
Basics of Workers Compensation Basics of Workers Compensation Basics of Workers Compensation
Your Workman's Comp Rights Your Workman's Comp Rights Your Workman's Comp Rights
Workplace Negligence Injuries Workplace Negligence Injuries Workplace Negligence Injuries
Worker's Comp Lawyer: Costs? Worker's Comp Lawyer: Costs? Worker's Comp Lawyer: Costs?
Get a Free Consultation with a Workers Compensation Attorney Get a Free Consultation with a Workers Compensation Attorney Get a Free Consultation with a Workers Compensation Attorney
What do I do if my workers' comp claim was denied? What do I do if my workers' comp claim was denied? What do I do if my workers' comp claim was denied?
Can I get a lawyer free in a workmans comp case? Can I get a lawyer free in a workmans comp case? Can I get a lawyer free in a workmans comp case?
When do I need a workers compensation lawyer? When do I need a workers compensation lawyer? When do I need a workers compensation lawyer?
How do I choose a workmans compensation lawyer? How do I choose a workmans compensation lawyer? How do I choose a workmans compensation lawyer?
When can I sue for personal injury that occurred on the job? When can I sue for personal injury that occurred on the job? When can I sue for personal injury that occurred on the job?
How much will I get for a workers compensation benefits settlement? How much will I get for a workers compensation benefits settlement? How much will I get for a workers compensation benefits settlement?
Can I be fired while out on workers compensation? Can I be fired while out on workers compensation? Can I be fired while out on workers compensation?