I Got Hurt At Work Can I Sue

The workers compensation system has obvious benefits to the employer.

I got hurt at work can i sue.

In most states you can file a lawsuit against your employer to recover damages from your work related injury or occupational disease. If you have been injured or sickened by a toxic substance talk to an attorney about your legal rights. When you are injured at work the compensation you can receive is usually limited to workers compensation benefits which cover medical expenses and lost wages but not pain and suffering. However there are some exceptions where you can sue for damages.

If you re eligible for workers comp you may file a claim for benefits usually about two thirds of your regular salary but you aren t entitled to sue your employer for those same injuries in court. Can i sue my employer if i am hurt on the job. But if your employer fails to provide coverage that s mandated by state law they may be subject to fines criminal charges and or lawsuits. This means the employer neglected to provide a healthy and safe working environment for the employee.

When a worker is injured by a toxic substance the worker can usually sue the manufacturer of the toxic substance and any manufacturers of safety equipment that proved to be ineffective in the handling of the toxic substance. Civil lawsuits for work related injuries can typically seek additional personal injury damages that are not recoverable in a workers compensation claim. Workers compensation is an exclusive remedy. Even if the employer has workers compensation insurance an employee can sue an employer for a work related injury if the employer caused the injury through gross negligence.

Instead if you want to make a claim against your employer for your work related injury you must go through the workers compensation process and cannot sue them in court. It is important to note that if your workers compensation claim is denied you still may not file a lawsuit against your employer. If the injury was a result of intentional actions for example if you are physically assaulted at work cannot file these types of cases in all states but permitted in west virginia. In other words if an employee is injured as a result of an accident that occurred in the course and scope of their employment an employee cannot bring any other claim against their employer for the injuries sustained as a result of that injury.