Most employers offer workers’ compensation claims for all their employees, under which they get compensated for the medical attention and treatment they seek following a workplace injury. This also assures the employers that the employees don’t sue their employer for a workplace injury. But there are exceptions when an employee can file a lawsuit for a workplace accident.
Workplace injuries are very common. 2.6 million non-fatal workplace injuries were reported in 2021 alone. When filing a workplace injury claim, it is important to have a lawyer on your side since your employer might deny your claim. The problem is that most of the time, you cannot file a lawsuit against the employer, as mentioned. So, worker’s compensation is your only option. A lawyer can help you obtain fair compensation through worker’s compensation itself.
There are some instances where you are eligible to file a lawsuit against your employer following a workplace accident. This blog post will help you know your rights as an employee better.
Employer Denies You Your Workers’ Compensation
If your employer denies entertaining your workers’ compensation claim for any reason, you can file a lawsuit for workplace accidents. There could be numerous reasons why your employer may think that you aren’t eligible for workers’ compensation.
They may decline your request on the basis that the accident didn’t happen at the premises. You should first talk to your employer to convince him to give you your workers’ compensation. But if they’re adamant about not paying it, you have every right to file a lawsuit for a workplace accident.
Employer Doesn’t Have Workers’ Compensation Insurance
When filing a workplace injury claim, you should first be sure that the employer holds workers’ compensation insurance. You’re eligible to file a lawsuit for a workplace accident if your employer doesn’t have it.
Employers are required to have workers’ compensation insurance by law. If you’ve been into a workplace accident and your employer tells you they don’t have the policy of offering their employees’ workers’ compensation, you’re legally eligible to go to court.
Employer Hurts or Injures the Employee Intentionally
If your employee has hurt or injured you intentionally, you can sue them. While intentional injuries aren’t really accidents, you can most definitely file a personal injury lawsuit against your employer. Some of these intentional injuries include battery, physical or sexual assault, and inflicting emotional distress on the employee intentionally.
Employer’s Negligence
You could file a lawsuit for a workplace accident if the accident resulted from the employer’s negligence. Let’s say the machine you work on had some faults that you requested your employer to look into, and you got hurt before the fault was fixed, or your employer failed to provide you with protective equipment that resulted in the workplace accident.
Workplace accidents that occur due to the employer’s negligence about employee safety and well-being all make you eligible to file a lawsuit for workplace accidents and hold your employer responsible for your loss, both in terms of health and finances.
Employer Tries to Hide the Accident Fraudulently
If your employer tries to hide the accident and cover up their mistakes, you’re eligible to take your employer to court. Some workplace accidents can risk the employer’s reputation, such as exposing the employees to toxic substances resulting in injuries and illness. The employer can try to hide what really happened. But if you were affected by a workplace accident, you should consider contacting an attorney and filing a lawsuit for the workplace accident.
Final Word
Ensuring employee safety and well-being is an employer’s responsibility. If an employer shows negligence or lack of concern following a workplace accident, the law has given the employee a right to file a lawsuit against the employer for workplace accidents.
If you’ve been into an accident at your workplace and your employer isn’t cooperating with you to compensate you in the way they should, consider contacting a lawyer and looking into your options.
