Things to Consider Before Suing an Employer for a Work Injury

Work Injury

There are unfortunate instances wherein you sustain injuries from work. In an ideal scenario, your employer will cover all the expenses that you have incurred because of your injuries and limited capability to work.

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However, there are cases wherein employers fail to properly compensate their employees, which then leads to a legal battle between both parties.

If you find yourself at the other end of the legal conflict, below are some of the things that you need to consider before you sue your employer for a work-related injury.

Explore the Potential Involvement of a Third-Party

One of the primary things that you need to consider before you sue your employer for the injuries you have sustained at your workplace is to know whether there is any third-party involvement.

It can be that your employer commissioned third-party services such as manufacturers who will supply the resources needed by your company.

If the accident is induced by these third-party providers, then your employer may be absolved of any responsibility. In this case, it is the third-party services that should handle your compensation.

Look Into the Insurance Status of Your Employer

It is also important to look into your employer’s workers’ compensation insurance status, which is mandatory for all businesses that put workers into their payroll.

If you are not presented with proper paperwork or you see no evidence of any insurance posted, then there is a great chance that your employer is uninsured.

Additionally, being denied emergency care is also an indication that perhaps your employer is not covered by this insurance. In this case, you can have a strong case filed against your employer.

Not All Work-Related Injuries are Equal

Various types of injuries can be sustained from a workplace and these are not equal in terms of the compensation that you can get or the case that you should file.

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There are immediately apparent workplace injuries, including the different types of burns such as chemical, electrical or thermal burns to name a few.

However, there are also workplace injuries that develop subtly over a long time such as having back pains because of improper lifting and repeated twisting, despite never having a mishap.

Still, the latter is a result of the actions that you did at work and you can still get compensated for it.

You May Not Always Be Able to Sue

Generally, you are not eligible to sue your employer if the injuries you have acquired happened outside the premises of your workplace unless the off-site location is still work-related.

In the same manner, you won’t have grounds to sue your employer if you are not officially on company time when you sustained your injuries, even if you were on your workplace premises.

Nevertheless, there are gray zones when it comes to this area such as company functions which include training meetings or holiday events, wherein your presence is required but you are outside the company premises.

Be Aware of Your Rights

Before you consider filing a lawsuit against your employer for your injuries, make sure that you are well aware of your rights. For one, employers cannot retaliate against employees for filing a compensation claim related to their injuries because this is illegal.

This means that your employer has no right to fire you even if you claim for compensation after sustaining your injuries.

Know When to Hire a Lawyer

Lastly, know when to hire a lawyer to support you in your claim. In case you are having a hard time in learning the ropes in terms of third-party involvement, the insurance status of your employer, the injuries you have sustained, as well as your rights as an employee, then better get in touch with a seasoned legal expert who will be able to help you with your case.

They will be able to provide you with the legal assistance that you need to be compensated for your injuries.

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In conclusion, before you sue your employer for the injuries that you have sustained from work, make sure that you first explore if there is any involvement from a third-party that may have caused your accident.

Also make it a point to know the insurance status of your employer, and keep in mind that not all work-related injuries are equal. In terms of the latter, there may be instances wherein you may not be able to sue.

Nevertheless, the important thing is to be aware of your rights and to know when you should already hire a lawyer to best represent you. Once you figure out all these things, you will find it easier to decide on whether you are in the best position to sue your employer.

Editor
Editorial Staffs at Healthtian, A team of Writers.