![]() ![]() Subsequent exams by the employer show that the condition is getting worse. The employer does not tell David of this condition. After David has worked there for 10 years, these exams reveal a lung disease caused by inhaling dust in the workplace. ![]() During that time, his employer provides free physical examinations by a company doctor. While the underlying illness will be covered by workers’ compensation, you can take your employer to court for fraudulently concealing the problem from them.įor example: David works in a factory for 30 years. This often involves a disease or illness due to toxins in the workplace. You may also be able to sue your employers if the employer fraudulently conceals the injury. 6 No state allows these claims to proceed if they are based on the employer’s negligence. However, lots of states still refuse to allow personal injury claims against an employer for conduct that was not strictly intentional. Still others let you sue your employers if the employer’s unintentional conduct was “ substantially certain to cause injury.” 4Ī couple of states require the employer to act with knowledge that an injury was virtually certain to occur. Some states extend the exception for an employer’s intentional actions to include conduct that is “ deliberate.” 3 In a few states, you can hold your employer liable for workplace injuries caused by less than intentional conduct. Some states hold employers liable for knowingly removing or failing to install safety guards on heavy machinery. authorizes the infliction of injuries on you by a coworker or supervisor.In some states, the employer can be liable in a personal injury lawsuit if it intentional infliction of emotional distress.These injuries are often the result of an employer’s: You can file a personal injury lawsuit against your employer, rather than a workers’ compensation claim. If an employer intentionally hurts you, it was not an accident. Workers’ compensation laws are designed to cover your losses for accidents that happen on the job. The legal advice of a personal injury lawyer or workers’ compensation attorney can help you make an informed decision about what to do next. Pursuing your claim as a personal injury lawsuit rather than as a workers’ compensation case can ensure that you recover full compensation for your job injury. reduced earning capacity, if the injury will cause long-term professional difficulties,.However, by filing a personal injury claim you can potentially recover full compensation that covers all of your: disability benefits to cover at least a portion of their lost wages.medical benefits, including payment of medical expenses, and.When you file a workers’ comp claim, you can receive: The compensation that is available is very important. workers’ compensation claims do not require you to prove that the employer was negligent or culpable.a personal injury claim can recover a wider variety of legal damages, but.Pursuing a tort claim outside of the workers’ compensation system has its pros and cons: does not carry workers’ compensation insurance.Īdditionally, you may be able to file a personal injury claim against someone other than their employer if you were hurt on the job by a third party.hurt you in a different capacity than as your employer, or.fraudulently concealed the injury or its connection to the workplace,.If one is in play, you can sue your employer, rather than collect workers’ compensation. However, depending on the state, there are 4 important exceptions that may apply to this rule. This is called the exclusive remedy rule. Generally, if you have suffered a workplace injury, you will have to file a workers’ compensation claim to cover your injuries. Can I sue my employer for a workplace injury? You may also be able to file a personal injury lawsuit against a third party who was responsible for your injuries suffered on the job. In this article, we will explain each of these scenarios. or does not carry workers’ compensation insurance.fraudulently conceals their connection to the injury,.You may be able to sue your employer if the employer Generally speaking, however, workers’ compensation is the exclusive remedy. In limited circumstances, you can sue your employer if you have been hurt on the job. There are situations where you can sue your employer for work injuries. ![]()
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