When Work Leads To A Personal Injury

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Work-related injuries are usually handled by your employer's workers' compensation insurance. This valuable work benefit pays you a partial wage while also covering your medical needs as a result of a workplace injury or occupational illness. Unfortunately, your financial situation will undoubtedly be impacted as a result of the pay cut and you may still experience pain and suffering. To find out more about certain workplace situations that could result in a personal injury case rather than a workers' comp claim, read on.

Your Injury Was Caused by a Third Party

There are a few situations where you can not only seek workers' compensation insurance coverage but also personal injury compensation. When your accident or illness can be attributed to an outside party, you can file a personal injury suit against that party directly. For example:

• A toxic cleaning product used on the job made you ill. You can file a product liability suit against the manufacturer.
• You were hurt in a vehicle accident while using a company vehicle. You can sue the driver of the vehicle that caused the wreck.
• You were on a business trip and hurt yourself at the hotel. You can both sue the hotel and gain workers' comp benefits.

It should be mentioned that some of these third party situations can mean taking action against your employer in civil court. To do so, you must prove that your employer knew about the dangers of a given issue and failed to take action. For example, if you can show that your employer knew the cleaner that made you sick had caused others to be ill and failed to warn workers about it, you can name both parties in a lawsuit. Be very careful if you go this route, however. Once you accept workers' compensation insurance benefits, you may be giving up your rights to sue your employer. Speak to a personal injury attorney before you proceed.

Your Employer Had No Workers' Comp Insurance

While most employers are required to have this form of coverage and most do, you may still be protected if they don't. In this instance, some states will allow you to file a personal injury suit against your employer for work-related issues. Speak to an attorney about alternatives before filing a suit, however. Some states have funds set aside for hurt workers who cannot use their employer's insurance or for companies that have gone out of business.

To find out more about what to do and when to do it, contact companies like Law Offices Of Timothy L Lapointe PC.

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16 August 2019