If you have suffered a workplace injury, workers’ compensation may not cover all of your expenses. However, in limited circumstances, an employee who suffers a workplace injury can file a lawsuit against an employer or a negligent third party.
An example would be if there was a safety violation, a dangerous condition, or a toxic substance that caused the injury. Often, these claims occur when there is a negligent third party. You could also sue your employer if they intentionally hurt you or if they don’t carry workers’ comp insurance.
Third-party claims
In the event that an employer doesn’t maintain adequate safety controls, workers’ compensation doesn’t provide punitive damages. That is why is important for injured workers to know their rights and potentially bring a personal injury lawsuit against a third party.
Toxic Substances
If a worker is exposed to a toxic substance such as asbestos, a lawsuit can usually be brought against the manufacturer of the substance. Also, if a worker used safety equipment that didn’t adequately provide protection against the toxic substance, the manufacturer of the equipment can also be held liable for the worker’s injury.
Some injuries caused by toxic substances are immediate, such as a chemical burn. But many times, injuries caused by toxic substances do not appear for a number of years. But even if there is a time delay, injured workers can succeed in winning lawsuits and receiving monetary damages for their injuries.
Hazardous Conditions
Jobs in factories, transportation, and construction are where workers are most likely to be faced with hazardous conditions that could result in an injury.
A factory worker could bring a product liability lawsuit against a manufacturer if the worker suffered an injury caused by machinery that was defective or didn’t work properly. If the manufacturer knew that the equipment or machinery was dangerous, they could be required to provide the injured worker with compensation.
Similarly, a truck driver can bring a lawsuit against a manufacturer of a truck part that is determined to be defective and caused the driver to be injured. If a construction worker is injured on a job site, a claim could be brought against a negligent party, such as an engineer, architect, general contractor or equipment manufacturer.
Seek legal assistance
If you have suffered a workplace injury, you may be eligible for benefits beyond what is provided through workers’ compensation. To receive the benefits you deserve, it is important to seek the assistance of an attorney who understands both personal injury law and the workers’ compensation system.
