Should You Sue Your Employer When You're Injured At Work?

Posted on: 29 June 2022

Some employers are unfortunately reckless. They place greater and greater demands on you and don't take into consideration how your work activities can lead to you becoming injured. If you become injured as a result of the negligence of your employer, you might wonder if you can sue your employer.

How a Workers' Compensation Claim Usually Works

After you have become injured at work, you will usually be expected to file a workers' compensation claim. Then, the workers' compensation provider of your employer will pay for your injuries and lost wages. This is often not as much as you would receive if you filed a lawsuit, but it is also a no-fault system and you will receive compensation regardless of whether your employer is considered to be at fault.

The Benefits of Workers' Compensation Policies

A workers' compensation policy shields an employer from liability for accidents that occur in the workplace. It also protects you as an employee by allowing you to receive compensation without suing your employer. However, there are some cases where you would be allowed to take legal action against your employer.

When Workers' Compensation Doesn't Apply

If you are assaulted while you are at work by your employer, you are still allowed to sue them. You might also be able to sue if your employer covers up a previous work injury you have had and you continue to make your injury worse by carrying out your work duties. 

When to Consult With an Attorney

There are some circumstances where you might be confused about whether your case is a workers' compensation case or a case where you would be allowed to file a lawsuit. Under these circumstances, you will want to consult with a workers' compensation lawyer.

For example, you might have been injured by a product that was created by your employer. If this is the case, you may instead have a product liability claim. Or, you might have been injured under circumstances where it's not clear whether you were engaged in work-related activities or where it's unclear whether you were on the clock.

The facts of your workers' compensation case can determine whether you should file a lawsuit, whether you should file a workers' compensation claim, or whether you are entitled to compensation at all. For this reason, it's essential to contact a workers' compensation attorney whenever you have been involved in an accident at work.

If you need a free workers' compensation lawyer consultation, reach out to a law firm in your area, such as Hosmer & Wise PC.