If you suffered a workplace injury, you may think that the only type of benefits you can receive is workers’ compensation benefits through your employer. This is common, but there are exceptions.
One of the most common questions that people have about workers’ compensation is if they can also sue their employer. Filing a lawsuit outside of the workers’ compensation system can provide compensation for damages outside of your workers’ compensation benefits. This can be valuable since workers’ compensation and disability benefit payments can be quite low.
When Can You Sue an Employer?
In addition to your workers’ compensation claim, you may be able to sue your employer if:
· Your injuries are the result of his or her intentional misconduct. In this case, you may be able to file a personal injury claim. For example, if your employer physically assaults you, then you may be able to file a personal injury claim.
· Your employer does not have workers’ compensation insurance. Most employers are required to carry workers’ compensation insurance coverage. If they do not, you may qualify for compensation through a civil court, or from a state fund.
One of the common misconceptions about workers’ compensation is if your claim is denied, you can take legal action outside of the workers’ compensation system. That is false. You can appeal the denial, but you cannot sue your employer because your claim was denied. Appeals must be filed through an appropriate administrative agency.
Questions About Workers’ Compensation?
If you have questions about workers’ compensation laws and your legal rights, contact a workers’ compensation attorney to discuss your situation. Every workplace accident case is as unique as the victim, which is why it is best to consult an attorney who can review your case and find the best options for you.