Can You Sue for Accidents at Work?
Being involved in any type of accident that results in an injury can be a very stressful and challenging situation to work through. One place where someone could be injured is at work. If you are injured at work, there are situations in which it makes sense to file a workers compensation claim or even sue your employer for damages. There are several factors to take into consideration when you are trying to determine if you should sue following an accident at work.
What Was the Injury
One of the first factors to take into consideration if you are injured at work is if your injuries are serious. The severity of an injury can vary considerably from one to the next. If you have suffered a broken bone or other serious injury, it may be worth pursuing a claim. However, if you are not seriously injured and are able to return to work quickly, you may not need to file a claim as long as the employer is providing you with the care and time that you need to recover properly.
What Damages and Costs Were Incurred?
If you have been injured due to an accident at work, the damages and costs associated with your injury can vary. If you have been hurt while working, you could incur medical bills, therapy costs and even could lose money due to lost wages if you are not able to work. Depending on the injury and the recovery from it, your costs can add up to a significant amount. If you have incurred expenses as a result of a workplace injury, seeking compensation from the employer is a good option to pursue. You will be able to file a lawsuit or insurance claim for all of your current and expected expenses, which could be significant if you are no longer able to earn the same income.
Was Negligence Involved
Another factor that should be considered if you are thinking of suing your employer following a workplace injury is if negligence is involved. Your employer should take the proper steps to ensure that you are as safe as possible when working. Even if you are in a high-risk job, they should provide the training, equipment and other standard necessary. If you believe that they did not provide you with the necessary tools to be safe, it could be considered negligence. In these cases, it could make sense to file an insurance claim or one against your employer.
While negligence by the employer could validate your claim, negligence on the part of the person that is hurt could affect your ability to win a claim. If you were not following the proper protocols or were under the influence of drugs or alcohol, it could impact the claim. An attorney will be able to help review the situation and determine if negligence was involved by either party.
Is Employer Covered
If you are going to file a claim against your employer, you should also consider whether your employer is properly covered by insurance. Your employer likely has liability insurance and should have workers compensation insurance. Most of the time, your employer will provide evidence of workers compensation insurance and should have it posted somewhere that it can be reviewed. If they have these insurance plans in place, they will have coverage that is there to manage these types of claims. If your employer does not have coverage, you will not be able to pursue an insurance claim for your injury, but you can still pursue a legal claim against the company.
Know type of Lawsuit to Pursue
If you have been injured at work, one of the most common forms of lawsuits that you can pursue are a personal injury lawsuit against the employer. However, you may also be able to file a lawsuit against the owners or managers of the company personally depending on the situation. If you are injured due to a faulty piece of equipment or because of a toxic substance, you can also consider filing a lawsuit against the manufacturer of the products. This can include a toxic tort liability claim or a product liability claim. An attorney will help you determine your options based on the situation.
When accidents at work happen that result in damages, filing a lawsuit or an insurance claim is a good option. If you are hurt on-the-job, hiring an attorney to represent you is a great decision. The attorneys will be able to help you evaluate your situation and give you guidance on how to move forward. They will be able to explain if you have a legitimate claim and can provide you with all the legal services and guidance that you need to pursue a claim against the employer and to ensure that your rights are properly represented.
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