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Can I Sue instead of getting Worker’s Comp?

Can I Sue instead of gett…

A common question asked with regards to workplace injuries is whether it is possible to sue your employer rather than receive or pursue worker’s compensation. This article will discuss the subject.

Suing your employer after suffering an injury at work or working for a company is often not possible when there is a worker’s compensation package. However, the employee has a choice to sue the owner, manager or supervisor when certain factors are present after the employee has suffered an injury.

It must be noted that generally, workplace injuries do not provide the possibility of suing the employer. This is mainly because of insurance that is purchased through worker’s compensation packages by the business owner. Such insurance packages cover grievances and incidents where an employee is injured while working for the company or performing their duties. As a result, hiring an attorney to pursue a lawsuit against the company or the owner is not an available option. The worker’s compensation packages trade-off or nullify the ability to sue the company or the owner directly and provide monetary compensation for the employee's injuries.

That being said, some factors may be taken into consideration that allow the employee to sue their manager, supervisor, or the owner of the company. One such example is when there is intentional harm against the employee. Such action is applicable in the civil case in court. It is strongly recommended to use the best personal injury company to represent your interests and provide necessary legal advice to obtain monetary compensation from the incident. This includes issues relating to intentional harm such as assault with the threat of battery or battery was attempted but not necessarily occurred. An employee may sue for false imprisonment when the employee is confined against their will and often without legal authority.

When an accident that results in injury occurs at a workplace, the employer may be at fault; however, there are instances whereby others are at fault for the injury. For example, the injury may have been a result or the fault of another employee or a third party. If this happens, it is possible to sue the third party even if the employee has claimed compensation through worker’s compensation. Common third-party issues involve vehicles on the road where the employee is driving for the company and an accident occurs caused by another driver or defects in the vehicle. Suppose the third-party intentionally injured the employee or was the direct cause of the employee's damage. In that case, they are liable for the injuries sustained and can be sued for by the injured employee.

Personal injury lawsuits may be pursued due to injuries suffered by the employee. In instances where the employee has died as a result of the actions of the supervisor, manager or owner; a wrongful death lawsuit is filed against the responsible party and is initiated by the family.

Speak to a personal injury lawyer for legal advice and representation on your case.

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