Workers’ compensation is not a fault-based system. If you or your employer acted negligently, or failed to take proper safety precautions, resulting in an accident that injured you, you would still be entitled to receive workers’ compensation benefits. Moreover, you would likely be unable to sue your employer. That said, there are some exceptions to this rule.
Below are a couple of circumstances in which you might be allowed to file a personal injury lawsuit against your employer for injuries you sustained at work:
- Your employer purposely harmed you: In order for you to have a viable case against your employer, he or she must have intentionally harmed you. For example, if your boss punched you in the face, you could file a personal injury lawsuit against him or her. However, if your boss failed to maintain a safe work environment and you accidentally slipped and fell, resulting in injuries, you would not be able to file a personal injury lawsuit. You would only be eligible for workers’ compensation benefits, no matter how careless your boss might have been.
- Your employer lacks adequate workers’ compensation insurance: Every state, except Texas, requires employers to have some form of workers’ compensation insurance. If your employer does not enough workers’ compensation insurance or simply does not have any, they are in violation of the law and you could potentially file a personal injury lawsuit against him or her to recover damages for the injuries you suffered.
Keep in mind that, even if your workers’ compensation claim is not successful, you cannot file a lawsuit against your employer to obtain compensation or benefits. To address the denial of your claim, you would have to file an appeal.
Filing a Personal Injury Lawsuit Against Your Employer
Workers’ compensation benefits are somewhat limiting and typically only cover your medical expenses and a portion of the wages you miss during your period of recovery. If your injury results in a permanent disability, you could receive compensation for this as well. Unlike a personal injury claim, however, it does not include pain and suffering.
If you are unsure if you have a viable personal injury claim, consult with an experienced attorney to find out what your legal options are.
Reach Out to an Award-Winning Workers’ Compensation Attorney Today!
If your employer intentionally harmed you, resulting in an injury, you might be able to file a personal injury claim to recover fair and just compensation. If you do not have a viable personal injury case, chances are you are still eligible for workers’ compensation benefits. To ensure you take the appropriate legal actions necessary to maximize compensation, reach out to the legal team at Chestnut & Beller in Cobb County.
Backed by over six decades of combined legal experience, you can feel confident in our ability to effectively represent you and ensure you win fair financial recovery.
Get started on your case today and contact our law firm at (770) 285-5542 to request a complimentary case review today.