Workers’ Compensation Insurance Surprisingly Not the Only Option for a Lawsuit When Being Injured at the Workplace

February 20, 2018

Most people are under the assumption that if you have been hurt or injured at your workplace that your employer’s workers’ compensation insurance is the only route legally available to you if you want to try and be compensated for your injuries in any way. This certainly ends up being the case for many of these types of situations most of the time, however it can be an advantage for you to know that this is not always your only available path in receiving the compensation that you deserve and you may be able to file a lawsuit for damages that are suffered because of your injuries.

This is information that can be highly beneficial to you if you are injured at the workplace, because even though workers’ compensation can get a certain amount of benefits and money to an injured worker the truth is that disability payments have been known to be lower than what is expected and these payments also do not take into account the pain and suffering suffered by the victim. In addition, workers’ compensation does not aid with any punitive damages against the employer for any unsafe working conditions or faulty safety controls.

There are several examples of circumstances that would allow a person to file a lawsuit outside of workers’ compensation due to the injuries that occurred. Some of these instances could be:

• Being injured due to the employers’ negligent behavior or intentional misconduct – If it can be proven that an employer willfully hurt or let an employee be hurt on purpose – would allow a personal injury lawsuit to be brought against the employer when the damages are higher than what the employee would receive from workers’ compensation.
• Being injured by some sort of toxic material or substance which would allow a toxic tort lawsuit against the maker of said material.
• Being injured by a defective product would possibly allow you to bring a products liability suit against the maker of the defective product.
• Being injured by a third party’s negligence while on their property would allow you to bring a premises liability lawsuit against the said third party.

Also, if you are injured at work and your employer does not carry workers’ compensation insurance you could possibly collect money from a state fund or even sue your employer in civil court to recoup your losses.

In addition to these examples, it is helpful to know that you might also be able to receive compensation from government benefits such as Social Security disability insurance if the injury you received at work stops you from being able to work any longer. The exact situation in which you could receive aid from both of these separate programs is not easily defined, yet it still important information to have to know that it may be a possibility depending on your circumstances surrounding your injury.

Being injured at work is a very scary and unfortunate situation to be in, so when it comes to getting the repayment for your medical bills and pain and suffering you endured having the right attorney fighting for you in court is of the utmost importance. Hoyt & Hoyt, PC, attorneys have dealt with issues like these for over 35 years and know how to get you the compensation you deserve. Contact us today at (973) 718-7744 to schedule a consultation.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.