27 C
Wednesday, September 23, 2020

Things to Consider Before Suing an Employer for a Work Injury

- Advertisement -

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.

- Advertisement -

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.

- Advertisement -

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.

- Advertisement -

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.

Work Injury
  • Save
- Advertisement -

Disclaimer: This article is purely informative & educational in nature and should not be construed as medical advice. Please use the content only in consultation with an appropriate certified medical or healthcare professional.

Editorial Staffs at Healthtian, A team of Writers.
- Advertisement -

Trending Now

Tooth Decay: What You Need to Know to Prevent It

Preventing tooth decay is the best way to protect your smile for a lifetime. Preventative steps include more than brushing and flossing daily. With these...
- Advertisement -

Skin Rashes: Causes, Symptoms and Effective Home Remedies

Skin rashes are common skin problems experienced by millions of people worldwide; it is characterized by a visible change in the color...

Atis Fruit: 10 Health Benefits of Eating Sugar Apple

Sugar apple (Atis fruit), is the Annona squamosa fruit belonging to the natives of West Indies and to the tropical Americas like Peru, Mexico,...

Spider Bites: Symptoms, Treatment & Identification

Spider bites in the United States are often annoying but they are rarely fatal. If a person gets bitten by a black...

How to Increase Sodium Levels in Your Blood?

Levels of sodium in the blood is often a misunderstood topic and it is extremely necessary that we as individuals understand the meaning and...

7 Types of Disability and Examples

For disabled people life is a lot different than the rest of us. They don’t lead normal lives like we do and need assistance...

What Causes Pain Between Shoulder Blades?

Shoulder blade is in the upper side of your back, the scapulae, which become prominent if you pull your elbows close to your trunk...

Hole in the Heart: Causes, Symptoms and Treatment

Normally, the heart is divided into two parts - left and right - which are separated by a septum (which separates the two upper...

Oral Surgery Recovery – What Foods to Eat

Had oral surgery? Then it’s very hard to have foods while in recovery. An oral surgery makes you feel weak and nauseous. So it’s...

Enlarged Clitoris: Causes, Treatment and Symptoms

The clitoris is simply a female sexual organ located slightly above the urethra, a section where urine is released from the female body. A...

How to Deal With a Jealous Sister-in-law?

Getting along with sisters-in-law or potential sisters-in-law could be very frustrating whether or not they had a very tight bond with their...



Nurture yourself with health tips, wellness advice, and more.

- Advertisement -

Related Posts

The Different Weight Loss Options You Can Consider

Weight loss surgery is dangerous and people are forgetting about this because so many people have the procedure done. Unfortunately, this is posing significant...

Sclerotherapy: The Process, Risks and Post Treatment Aspects

Sclerotherapy is a popular treatment option for those suffering from the appearance of varicose veins. Sclerotherapy is used to reduce the symptoms of varicose...

How Does Your Sleep Position Affect Your Posture?

The first thing on your mind after a stressful 9-5, or running after kids all day, is the gratifying feeling of your skin against...

Peyronie’s Disease: Symptoms, Causes, Treatments

Peyronie disease is an erectile dysfunction that is caused by scar tissue known as plaque that forms inside the penis making the penis to...


  1. After my brother got a fractured limb while working, we’re hoping to seek compensation from the company. Because of that, I’m hoping to find a worker’s comp lawyer here in town to represent my brother. It’s good to know that he/she will support him in his claim and help him understand his rights.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Work Injury
Copy link
Powered by Social Snap