Legal Guide

Can I File a Personal Injury Claim For an Injury Sustained at Work?

Getting injured at work can be a traumatizing experience for anyone.  The average person wants to do their best at their job and have the right goals in mind for the company: so it can be infuriating when the company doesn't keep your needs and safety in mind.

If you're hurt, what can you do?  Although a personal injury lawsuit may feel like the best course of action, in most states, it's not the right lawsuit.

Where Are You Based?

Most states require employers to have workers' comp insurance.  This means that if anything happens to an employee, the employer's insurance that they pay into will cover most, if not all, of the costs associated with the injury.  Some states like Texas don't, and therefore when an employer decides not to pay for worker's comp and an employee gets injured, a personal injury claim is completely legal.

Why Would Someone Try to File This?

The main reason anyone would attempt to file a personal injury claim against an employer is that they don't understand the laws surrounding workers' comp insurance. 

These injuries can be anything from failure to provide a safe work environment to inadequate supervision, failure to provide safety gear, negligent hiring and training, and errors in maintaining workplace equipment and vehicles.

People who have gone through these issues want to sue and get the money they need to recover from their injuries.  Although a personal injury claim isn’t always the right idea, it’s obvious why they’d think it was.

Why Worker’s Comp Matters

As any personal injury lawyer will tell you: workers comp matters because it protects all workers, plus the employer.  Not only will you be sure that the money is available if it’s a workers’ comp report, but you’ll also be able to go to court for this without your employer seeming to take it as a personal slight.

Taking someone to court over a personal injury, regardless of how justified the lawsuit is, doesn’t pan out in the long run for the relationship between the two individuals.  This could eventually make you quit or leave your job, which could mean a loss of benefits and income you may not be prepared to deal with.

Why People Try to Work Around It

Sometimes employers will want to avoid paying into worker’s comp or dealing with higher monthly rates and will try to talk their way out of a worker's comp claim.  In other cases, an employee may take it as willful endangerment because their employer has something against them specifically.  If this happens, it's common for people to want revenge and to drag their former employer into court, but unless you have evidence, it's hard to prove well enough to win a case.

Injury Isn’t Easy to Deal With

No matter what kind of injury you’re dealing with, having to go through it at work isn’t fun and can mess with your entire life and livelihood.  Don’t be afraid to talk it through with a lawyer if you’re unsure or confused.


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