I Got Hurt At Work Can I Sue

When you are injured at work the compensation you can receive is usually limited to workers compensation benefits which cover medical expenses and lost wages but not pain and suffering.

I got hurt at work can i sue.

If the injury was a result of intentional actions for example if you are physically assaulted at work cannot file these types of cases in all states but permitted in west virginia. The workers compensation system has obvious benefits to the employer. In other words if an employee is injured as a result of an accident that occurred in the course and scope of their employment an employee cannot bring any other claim against their employer for the injuries sustained as a result of that injury. But if your employer fails to provide coverage that s mandated by state law they may be subject to fines criminal charges and or lawsuits.

If you re eligible for workers comp you may file a claim for benefits usually about two thirds of your regular salary but you aren t entitled to sue your employer for those same injuries in court. For example the benefits you receive in a workers compensation claim are typically intended to reimburse you for your medical expenses and lost wages you are usually not allowed to seek compensation for pain and suffering. However there are also a number of benefits to the employee who was injured. In most states you can file a lawsuit against your employer to recover damages from your work related injury or occupational disease.

This means the employer neglected to provide a healthy and safe working environment for the employee. It is important to note that if your workers compensation claim is denied you still may not file a lawsuit against your employer. When a worker is injured by a toxic substance the worker can usually sue the manufacturer of the toxic substance and any manufacturers of safety equipment that proved to be ineffective in the handling of the toxic substance. Workers compensation is an exclusive remedy.

Civil lawsuits for work related injuries can typically seek additional personal injury damages that are not recoverable in a workers compensation claim. Instead if you want to make a claim against your employer for your work related injury you must go through the workers compensation process and cannot sue them in court. Even if the employer has workers compensation insurance an employee can sue an employer for a work related injury if the employer caused the injury through gross negligence. If you have been injured or sickened by a toxic substance talk to an attorney about your legal rights.