Workplace injuries are a common concern for employees, especially ones who work in labor-intensive fields or with heavy machinery. If you sustained an injury in the workplace, you may be wondering what your legal options are, like whether you can sue your employer or not. Understanding your rights and options for compensation is crucial after being involved in a workplace accident. To learn more and secure skilled legal advice, reach out to a Rockland County workers’ compensation lawyer today.
Can I Sue My Employer for a Workplace Injury?
In general, no, you cannot sue your employer for a workplace injury. In the United States, most companies that employ workers are required to have workers’ compensation coverage. An employee’s access to workers’ comp generally limits their ability to file a lawsuit against their employer, even after sustaining an injury.
What is Workers’ Compensation?
Workers’ compensation is a type of no-fault insurance designed to compensate employees who sustain job-related injuries or illnesses. This system works by providing employees with financial support for their medical expenses and lost wages while also protecting employers from lawsuits.
If you sustained an injury in the workplace, you can recover damages by filing a workers’ compensation claim. There is no need to prove that the employer or another worker was negligent or caused the accident. You are eligible any time the injury occurred at work, during work-related tasks, or as a result of the tasks performed on the job.
When an employee is injured due to their job or while performing the functions of their role, they can file a workers’ compensation claim for damages. This insurance provides coverage for medical expenses, lost wages due to time taken off work, rehabilitation, and disability. This is generally the most effective way to recover compensation after a workplace injury.
Are There Exceptions?
While workers’ compensation generally hinders an employee’s ability to sue their employer after an injury, there are certain exceptions that may allow the worker to take legal action outside of filing a workers’ compensation claim.
For example, if the employer’s intentional misconduct caused the injury, the employee may have a valid case. If the worker can prove that their employer purposefully caused them harm, like creating dangerous working conditions or intentionally injuring them, they may be able to file a lawsuit. However, there must be ample evidence proving that the employer acted maliciously and intentionally.
Additionally, if the injury was caused due to the employer’s violation of safety standards, it could leave them vulnerable to a lawsuit. Employers must comply with health and safety regulations set by OSHA (Occupational Safety and Health Administration). If they fail to do so, then employers could potentially file a lawsuit under certain circumstances.
If you have been injured in a workplace accident, it is imperative that you fully understand your legal rights and options. Reach out to an experienced attorney today for more information and legal advice.
