Work-related accidents can have consequences, for workers impacting their health and financial stability. When employees experience an injury at the workplace they often wonder if they have the right to take action against their employer. It is crucial to understand the landscape surrounding this issue and consult with a lawyer, such as Oresky & Associates, PLLC.
. Workers’ Compensation
In some situations, employees who get injured while working are eligible for workers’ compensation benefits. Workers’ comp is a type of guarantee that provides treatment and compensation for lost wages to employees who sustain injuries during their employment. One significant advantage of workers’ comp is that it operates on a no-fault basis meaning employees can receive benefits regardless of who was responsible for the injury.
. Limits of Workers’ Compensation
Although workers’ compensation offers coverage there are limitations to consider. In some cases, employees are prohibited from suing their employer for a workplace injury under workers comp. However, there are exceptions to this rule.
. Exceptions to the Rule
- Intentional Harm: If an employer intentionally caused harm or engaged in misconduct that resulted in the injury an employee may have grounds to file a lawsuit. Meeting this requirement can be challenging since it necessitates proving that the employer knowingly put the employee in the way of injury.
- Third-Party Responsibility: If someone other, than the employer like a contractor or equipment manufacturer, is at fault for the injury the injured employee can file a lawsuit against that party while still receiving workers’ compensation benefits.
. Claims of Negligence
In some cases, an employee may have grounds to make a negligence claim against their employer. This typically involves proving that the employer’s negligence directly contributed to the injury. For instance, if an employer failed to maintain a working environment or disregarded safety regulations, they could be held responsible.
. Seeking Legal Advice
Dealing with the complexities of suing an employer following an injury requires expert guidance. It is crucial to consult with counsel specializing in workplace injury cases. An attorney can review the specifics of the case determine if there are grounds for action and provide guidance throughout the process for the injured party.
. Keeping Records and Reporting
Regardless of which course of action is chosen, it is essential to document the injury. Promptly report it to the employer. Timely reporting not only ensures an initiation of workers’ compensation procedures but also establishes an official record of the incident that can be valuable, in potential legal proceedings.
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