If you are injured in a work-related accident, you will likely go through the motions of filing a workers’ compensation claim. While these benefits are certainly helpful, you may feel that they do not adequately compensate you for your ordeal. But what can you do?
In the vast majority of work injury cases, employees cannot sue their employer. They must rely on the workers’ compensation system to get benefits. However, there are a few exceptions to that standard. It is these exceptions that may allow an injured worker to file a lawsuit against his or her employer aside from the workers’ compensation system. These exceptions are:
Intentional Torts
If an employer intentionally causes harm to an employee, the victim may sue outside of the workers’ compensation system. Intentional torts include physical and emotional harm, false imprisonment or an employer who instructs another employee to inflict harm.
Reckless Conduct
Some states allow injured workers to sue their employer if he or she acted recklessly and caused the injury. Examples of reckless conduct include failing to provide proper protective gear, having poor safety standards or putting the employee at an unnecessary risk.
Lack of Insurance
All employers are required to have a workers’ compensation insurance. If an employee is injured and discovers that the employer does not have adequate legal coverage, he or she may then sue the employer. The employee will have the burden of proving the injury was caused by negligence.
Get Help with Your Work Injury Claim
The best way to find out what your options are after a work-related injury is to contact a workers’ compensation attorney. At The Law Offices of Dennis R. Fusi & Associates, we specialize in workers’ compensation law. We know how to investigate your claim and find options to ensure you get the compensation that you deserve. We are prepared to handle workers’ compensation claims, lawsuits and settlement negotiation.
