When Can I Sue My Employer or Co-worker?

Workers’ Comp Lawyer


Suing Your Employer

Workers’ Comp Lawyer

When you’re injured on the job, you may dream of getting even by suing your boss who cuts corners or your co-worker who is clumsy with equipment. Your employer likely has robust workers’ compensation insurance that covers most injuries sustained on the job, so how can you tell if you need to bring your injury to court? And can you sue if your work causes you to become severely ill? Read below to learn more.

My Employer Doesn’t Offer Workers’ Comp

While most companies have workers’ compensation insurance to cover workplace mishaps, some states are lenient on the laws that govern workers’ compensation statutes, allowing them to remain uninsured. So when your employer doesn’t offer compensation, pursuing a civil suit against your employer may be your only option.

My Workplace is Unsafe

One of the most difficult personal injury suits to pursue is one against an employer that is normally covered by workers’ compensation insurance. The burden of proof lies on the injured to prove that the employer intentionally created a situation in which injury is almost certain to occur. For example, a boss who pushes workers to ignore safety procedures to increase production may be liable for injuries sustained due to this kind of gross negligence.

But what if your employer purchases cheap equipment that leads to serious injury? Unfortunately, you can’t sue your boss for faulty machinery or toxic paint. The fault lies with the manufacturer of that equipment.

I Got Sick At Work

Many questions are floating around about whether or not a worker can sue their boss for creating an environment that causes them to get sick. There are instances where it is possible to sue an employer for causing illness they should have reasonably prevented, such as a construction company protecting its workers against asbestos exposure. But it is difficult to prove that you got sick from your job in the first place, especially for transmissible diseases.

I Was Injured by a Coworker

As expected, most instances of injury due to co-worker negligence are often covered by workers’ comp. But if your co-worker intentionally creates a situation that causes you harm, or otherwise starts a violent altercation that leads to injury, a personal injury suit may be possible in addition to receiving workers’ compensation benefits.

Filing a workers’ compensation claim is easier than proving the intentional negligence that caused your injury, but it may be necessary to pursue an additional lawsuit to receive full compensation. Call an experienced workers’ comp lawyer such as Hurwitz, Whitcher, & Molloy – Attorneys at Law today to go over your options and get the compensation you deserve.

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