After a work-related injury, most employees know that workers’ compensation is an important recourse. However, what many are less sure of, is whether or not they can file a lawsuit against their employer in addition to receiving workers’ compensation benefits. In most cases, injured workers cannot usually file a personal injury claim against their employers if their situation is covered by workers’ compensation laws. However, there are important exceptions to this general rule. It is partially for this reason that it is advisable to speak with an experienced Brooklyn, NY injury on the job lawyer from Polsky, Shouldice & Rosen, P.C. in the wake of sustaining a job-related injury. Once we understand your situation, we can walk you through all legal options available to you at this time.
Exceptions for Intentional Conduct
If your employer acts intentionally against you and physical harm results, then you may be able to file a lawsuit in addition to receiving workers’ compensation benefits. For instance, say that you are in a fight with your employer and he or she assaults you. In this case, you may be able to file a lawsuit. As long as there was an intent to directly harm you, you can likely file a lawsuit with the assistance of an experienced Brooklyn, NY injury on the job lawyer.
This exception does not apply to cases of negligence. Even in severe carelessness, this is not usually enough to prove that your employer meant to harm you. In cases of negligence, workers’ compensation is usually your only recourse. You cannot file a lawsuit in most circumstances, unless your position isn’t covered by workers’ comp.
Exceptions for Toxic Substances
In some industries, there are toxic chemicals and substances that employees have to use. If you are exposed to a toxic substance, you may be able to file a toxic tort claim with the assistance of a Brooklyn, NY injury on the job lawyer. There are acute toxic injuries and latent injuries. An acute injury might include a poisoning or a chemical burn. Latent injuries usually include cancers and other illnesses that come from years of working with a substance. Of the two injuries, latent injuries are the most difficult to prove.
Whether you are suffering from acute or latent injuries, you will probably not sue your employer. You can, however, file a lawsuit against the manufacturer of the substance or the manufacturer of the safety equipment that should protect you against those substances.
Exceptions for Defective Products
If you’re working with equipment and a piece of equipment either fails to work or causes an injury to you, then you can most likely file a suit against the manufacturer of the product with the assistance of a Brooklyn, NY injury on the job lawyer. In these cases, it is the manufacturer that is responsible for injuries if he or she knew of the dangers and did not warn the business. In these situations, the lawsuit may compensate for medical bills, pain and suffering and lost wages.
When it comes to personal injury lawsuits, in most states, you cannot file a lawsuit against your employer if you are covered by workers’ compensation. In most cases, workers’ compensation might be your only recourse, but there are exceptions to this rule. To learn more about your options after suffering a workplace injury, contact our legal team as soon as possible.