When Can You Sue For a Workplace Injury?

Getting hurt at work typically results in the filing of a workers’ compensation claim in order to be compensated for medical expenses and any other costs incurred due to the incident. However, it is possible for an employee to retain the right to sue an employer when a workplace injury is sustained. Understanding the answer to “When can you sue for a workplace injury?” is a matter of learning more about exceptions to standard workers’ comp procedures.

Defective Products

Manufacturers may be aware of a dangerous defect in their products. If a manufacturer fails to warn businesses about this defect, they may be held liable when a worker is injured on the job. For example, a known malfunction that could trap a worker’s arm in a machine would allow the injured employee to file a lawsuit against the manufacturer.

If the manufacturer is found to be liable, the worker would be able to collect compensation based on the expense of the injury and any long-term physical or emotional damage sustained. Medical expenses, lost wages and pain and suffering compensation could be collected.

Employer Liability

Employers are typically protected from lawsuits when workers’ compensation is involved, but an employer may be held liable when their actions are reckless, negligent or malicious in nature. Employers that injure an employee during an argument can be sued by an employee in most states.

Injuries sustained when an employer fails to follow safety procedures could allow the injured employee to sue the employer. For example, an employee injured by a chemical spill that occurs because a manager was rushing through work tasks may have the right to sue for compensation.

Getting Help With Workers’ Compensation

Understanding your right to file a lawsuit when you are involved in a workplace accident can be confusing. Many instances of workplace accidents only give an employee the right to collect workers’ compensation benefits, but special circumstances could allow an employee to retain the right to sue. The best way to protect your rights when it comes to workplace injuries is to hire an experienced workers’ compensation lawyer like those at The Law Office of Samuel Fishman to represent you.

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External Workers’ Compensation Articles

US Department of Labor – Worker’ Compensation
US Department of Labor – Stats by State
Cornell Workers’ Compensation Overview
Workers’ Compensation Research Institute

Philadelphia Workers’ Compensation
Who is Eligible for Benefits?
What’s Covered by Workers’ Comp?
When Can You Sue?