When Can You Sue Your Employer For A Workplace Injury - Anylaw (2024)

Workplace injuries happen every other day. Although employers are required to take precautions to keep the workplace safe for workers, many people still get injured. Employees in high-risk sectors like construction, manufacturing, and transportation aren’t the only ones at risk of getting injured at the workplace.

Those who work in offices where they spend time handling paperwork can get injured too. In many jurisdictions, the law requires employers to compensate injured employees irrespective of who’s at fault. In return, the employer’s liability for workplace injuries is limited. Generally, business owners are considered immune from personal injury legal suits.

Although employees cannot take legal action against employers for injuries sustained at the workplace, this immunity isn’t absolute. There are times when injured team members can sue their employers for total compensation.

When To File A Lawsuit Against Employer For A Workplace Injury?

There are two main circ*mstances under which employees can sue their employers for workplace injury:

1. Employer Denies Employees’ Compensation Benefits Wrongfully

As a team member, you can sue your employer for workplace injuries if your employer wrongfully denies you compensation benefits. Legally, you have no grounds to sue your employer if he pays you the benefits you’re entitled to.

But, suppose your employer denies you the worker’s compensation benefits you qualify for? In that case, you must get the coverage before filing a lawsuit against your employer—the process of filing for compensation benefits coverage can be longer, depending on your location.

If your employer denies you the coverage wrongfully, you have a right to sue him to get the benefits you deserve. Filing a lawsuit against an employer is a long process that could take time, mainly because the initial process may involve appealing to the worker’s compensation board.

Consulting an experienced workplace injury attorney like Joe Stephens attorney can help you understand the steps involved in filing a lawsuit that gets you the benefits you deserve. You can also check out useful resources online to learn more.

2. Employer Fails To Provide Compensation Coverage To Employees

Another scenario where injured employees can file a lawsuit against employers is when they fail to offer them worker’s compensation insurance coverage. This option works well for team members who work as independent contractors, which means they don’t get coverage under their company’s workers’ compensation program.

Employees who work for employers who are exempted from worker’s compensation laws due to their small size or those whose employers violate the law can sue their employers in the event they get injured at the workplace.

3. Employer Injures Employees Intentionally

In most states, employers lose their immunity if employees can prove their workplace injuries were caused intentionally. If you’re certain your employer harmed you intentionally, you can file an intentional lawsuit in a civil court.

Such a suit covers a wide range of physical injuries. However, it doesn’t cover non-physical harm like emotional stress. You may file an intentional tort against your employer for injuries such as:

• Assault: Includes threats of or attempted battery
• Defamation: If your employer communicates false information, including slander and libel, that causes you physical harm
• Battery: If your employer injures you physically by hitting you
• Fraud: If you suffer injuries because your employer lied to you
• Trespass: If your employer uses or enters your property without permission
• Conversion: If your employer takes a property that belongs to you and makes it his own
• Invading privacy: If your employer exposes private photos or information about you to a larger audience without your permission.

4. Employer Acts Negligently

Employers can also lose immunity if they’re grossly negligent, causing injuries to employees. Although the process of suing employers for negligence is long and complicated, it can be the best option for employees who suffer life-altering injuries that change their lives and those of their loved ones forever.

The thing that makes negligence lawsuits complicated is proving employer responsibility. Often, the injured staff must prove that the employer failed to exercise care or caution at the workplace, thereby exposing them to harm or danger. For instance, if an employee does something that injures other workers at the workplace, the employer can be sued for negligence.

The same could apply if an employer allows a worker to perform tasks that they’re not suited for and ends up hurting other workers, either because they lack the required training or knowledge, or because they have a temperament that’s not suitable for the task or any other factor.

You can also sue an employer for negligence if the company fails to train its employees adequately and ends up causing accidents that injure other employees.

If found guilty, negligent employers may be required to compensate injured employees or members of their families, pay for lost wages, medical costs, as well as pain and emotional suffering. Further, such employers may be required to adopt stringent procedures and policies in the workplace. Investing in a health and safety software such as the one fromEcoOnlinecan help you make sure you are providing the necessary measures for your workplace safety.

5. Defective Products At The Workplace

In some situations, employers can lose their workplace injury immunity if they manufacture defective products that injure employees. If that happens, employees can sue employers for product liability.

In cases where workers sustain injuries at work due to the actions of a third party other than their employer, they can sue the third party. For instance, if you’re harmed at work by equipment that’s defective, you can file a legal compensation suit against the manufacturer of that equipment.

However, you may be required to share a portion of the compensation awarded to you for the injuries with your employer or the insurance company as a refund of the compensation benefits you’ve received. In some cases, the employer and the insurer may join the lawsuit in order to recover amounts paid for compensation benefits against the manufacturer.

How To Sue An Employer For Workplace Injury?

If you’re hurt at work and need to file a claim against your employer, there are several steps you’ll need to take. These are:

1. Inform Your Employer Of The Injury

File a report to inform your employer about your injury. This allows you to collect the compensation benefits you’re entitled to. The report also serves as vital evidence to support your case if you decide to sue your employer for a workplace injury.

2. Get Your Injuries Treated

Getting medical treatment is critical if you plan to file for worker’s compensation. Prompt treatment allows you to collect the documentation you need to support your suit.

3. Document The Events Surrounding The Accident:

Take detailed notes on whathappened before, during, and after the injury to prove your injuries. Write everything you remember about the accident; these details are invaluable to the personal injury attorney handling your case.

4. Get Free Legal Consultation

Schedule a free consultation with an attorney who has experience in representing injured workers. A lawyer can help you determine whether you should proceed with a legal suit against your employer. With many law firms running websites, you should be able to get a free legal consultation online anytime.

5. Hire A Workplace Injury Attorney

During the free consultation, a work injury attorney helps you assess your legal rights. He also advises on the legality of a suit against your employer. If the lawyer says you have a valid claim, get an experienced workplace injury attorney to boost your chances of getting a fair settlement.

6. File The Compensation Claim

Although you can file a compensation claim or a lawsuit against an employer on your own, it’s advisable to have an attorney do it for you. This significantly increases your chances of getting the compensation you deserve.

7. Follow Up On The Lawsuit

Once your attorney files the lawsuit against your employer, follow up with him to keep tabs on progress. Evaluate every settlement offer closely with the lawyer and stay engaged in the process.

Should Employers Fire Who Sue Them For Workplace Injury?

For most employees, suing an employer is a delicate situation due to the risk of getting fired. Although employers can’t retaliate against staff for filing workplace injury compensation claims, working with an experienced attorney can build the confidence you need to follow through with the lawsuit.

Employers, on the other hand, might feel like employees are acting in bad faith, pushing them to find grounds for firing staff. Whatever situation you may be in, discuss your circ*mstances with an attorney to understand the situation better and weigh your options.

Final Thoughts

If you’re employed, there’s a high chance you spend more time in your work environment than you do anywhere else. While the law requires employers to take all the necessary measures to keep you safe, employees still get injured at work.

Employers generally have immunity against work injury lawsuits. However, workers can file lawsuits against them if they have proof that the injuries resulted from intentional actions or negligence on the part of the employers. If you have grounds to sue your employer for injuries you got at work, follow the seven steps discussed above.