Worker’s compensation is there to protect employees when an injury happens at work. It works fine in most cases. But there are situations where you may need to sue your employer for your injury.
If you think worker’s compensation isn’t the right choice, then you need to make sure that you have the right to sue. Keep reading to learn when you can make a case.
1. Your Injury Was Intentional
If your injury was an accident, then the chances are that you’ll need to go through the worker’s compensation process. But things change when your injury was intentional. Someone at your company must have played an active role in your injury.
Suing employer for injury won’t work for negligence. This is true even for extreme cases.
2. Your Employer Doesn’t Have Worker’s Compensation
It’s required by law almost everywhere to have worker’s compensation. If not, your employer may face legal consequences. Unfortunately, it does happen in rare cases. If you find yourself in this situation, the law allows you to file a lawsuit against your employer to recover damages for your injury. According to a reputed Workers’ Compensation Lawyer, as an employee you need to ensure that the injuries you have sustained are a fault of your employer.
3. Your Injury Was Caused by a Defective Product
In some cases, your employer may not be responsible at all for your injury. This happens in situations where you were injured by a defective product used by your company.
When this happens, your lawsuit won’t be directed at your employer. You’ll be filing a suit against the manufacturer of the product. This case will likely be in the form of a product liability case.
Start Your Lawsuit Right
If you decide to sue your employer for an injury, you’re in for a long ride. Make sure your injury falls outside the scope of worker’s compensation so you can bring your case to court. When you do your due diligence, you’ll increase your chance of a successful claim.