If you are injured while on the job, then you may or may not be eligible to collect workers’ compensation. Just being at work does not automatically make you eligible for workers’ compensation. You have to be performing an activity that is under the scope and authority of your employment when you are hurt. If you can prove that, then you can receive workers’ compensation benefits. Sometimes the sticking point is proving that you were performing work-related activities when you were hurt.
The tradeoff to workers’ compensation insurance and benefits is that you aren’t able to sue your employer if you are injured on the job. If you are hurt while working, you are only entitled to receive workers’ compensation benefits. Unless there are special circumstances, as long as your employer has workers’ compensation insurance, then you are not allowed to sue them in a court of law.
What Special Circumstances Would Allow You to Sue Your Employer?
Workers’ compensation exists to ensure that businesses are covered when their workers get injured and so they don’t go bankrupt over one injury. However, that does not mean that they are absolved from any negligence. If you are injured at work and the injury was caused by your employer’s egregious or intentional behavior, then it might warrant and qualify for a personal injury suit.
Premises liability is one reason that you might be able to sue your employer. For instance, if you trip and fall on a broken tile in the bathroom, then you may be able to sue for personal injury - but only if you can prove that your employer not only knew the tile was defective, but also that they could foresee someone getting injured, that they failed to fix it, and that you were injured. Another reason that you can sue is if there was an intent of harm to you. If you were injured and your employer intentionally hurt you, then you may have a personal injury suit.
Why Would You Want to Sue?
The biggest reason that you would want to sue your employer instead of just collecting workers’ compensation is that workers’ compensation generally does not allow you to recover non-economic damages and personal injury does. If you sue your employer, you may be entitled to collect compensation for things like pain and suffering and emotional distress.
Because every case is unique it is best to have an experienced attorney review your case and help you understand what your legal options are. For a FREE case evaluation, give the Law Office of James M. Hoffmann a call 24/7 at (314) 361-4300 or fill out our online contact form.
The tradeoff to workers’ compensation insurance and benefits is that you aren’t able to sue your employer if you are injured on the job. If you are hurt while working, you are only entitled to receive workers’ compensation benefits. Unless there are special circumstances, as long as your employer has workers’ compensation insurance, then you are not allowed to sue them in a court of law.
What Special Circumstances Would Allow You to Sue Your Employer?
Workers’ compensation exists to ensure that businesses are covered when their workers get injured and so they don’t go bankrupt over one injury. However, that does not mean that they are absolved from any negligence. If you are injured at work and the injury was caused by your employer’s egregious or intentional behavior, then it might warrant and qualify for a personal injury suit.
Premises liability is one reason that you might be able to sue your employer. For instance, if you trip and fall on a broken tile in the bathroom, then you may be able to sue for personal injury - but only if you can prove that your employer not only knew the tile was defective, but also that they could foresee someone getting injured, that they failed to fix it, and that you were injured. Another reason that you can sue is if there was an intent of harm to you. If you were injured and your employer intentionally hurt you, then you may have a personal injury suit.
Why Would You Want to Sue?
The biggest reason that you would want to sue your employer instead of just collecting workers’ compensation is that workers’ compensation generally does not allow you to recover non-economic damages and personal injury does. If you sue your employer, you may be entitled to collect compensation for things like pain and suffering and emotional distress.
Because every case is unique it is best to have an experienced attorney review your case and help you understand what your legal options are. For a FREE case evaluation, give the Law Office of James M. Hoffmann a call 24/7 at (314) 361-4300 or fill out our online contact form.
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