Can I sue my employer for an injury sustained on the job?
Workers’ compensation was created so that employees do not have to take their employer to court by filing a lawsuit. Employers pay into third-party workers’ compensation policies so they do not have to pay out of pocket when an injury occurs. The insurance company then assumes the responsibility of paying out the claim. This is a very common procedure and occurs throughout the United States in all types of workplaces.
When you are injured on the job, you file a workers’ compensation claim and receive benefits, because workers compensation is the exclusive remedy for injures on the job. This was the agreement reached between employers and employees allowing employees to receive benefits quickly, but giving up the right to sue for unlimited damages. Lawsuits against a Third-party are a possibility, but only in extenuating circumstances. For instance, when a piece of equipment is manufactured negligently. An injured worker can file a worker’s compensation claim and a lawsuit against the manufacturer of the equipment. When a person is injured on the job in a motor vehicle wreck and the other party is at fault, the injured worker can file a Worker’s compensation claim against the employer and sue the at fault driver. There are many specific rules that must be followed in these situations, so its best to hire a lawyer.
Don’t get caught up in the wording as it is extremely important to have a workers’ compensation lawyer fighting for your rights.
Former Executive Committee Member
Injured Workers’ Advocates
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