In the normal state of affairs, injuries at work are compensated by workers compensation benefits. However, there are exceptions to this exclusivity, and you may be allowed to file personal injury claims in addition or instead of a workers' compensation claim. Here are three examples of such situations:
Your Employer Causes You Intentional Injury
You may succeed with a personal injury claim or lawsuit if you can prove that your employer intentionally caused your injury. For example, if your employer has anger management issues and stabs you with a sharp tool for arriving late at work, then you can sue him or her. In this case, you instigate an intentional tort against your employer, which covers both intentional physical and emotional injuries.
This doesn't apply in cases where your employer's indifference leads to your injuries. For example, you cannot sue your employer if he or she accidentally gives you a defective tool to use in your line of work, and it ends injuring you. In normal situations, you can argue that your employer caused your injuries. In a legal context, this is negligence that will be compensated by workers' compensation.
Injuries Caused By Defective Products
You can also file a personal injury claim if your work injury is caused by a defective product. For example, if a manufacturer sells defective welding goggles, and you end up with eye injuries while using the eyewear, then you may file a claim against the manufacturer. This may also apply in cases where a supplier of potentially dangerous machines doesn't provide the relevant warnings for operating his or her products, and the lack of warning causes you injury.
Injuries Caused By Third Parties
Finally, you may also file a personal injury claim if you are injured at work, but the cause of your injury is not related to your work. This usually happens if your injury is caused by a third party who doesn't have an employment relationship with your employer. Here are two examples of such cases:
Knowing when to file either claim may help you to maximize your benefits. As usual, consulting with a personal injury attorney like Boucher Law Firm may help clarify matters.
Share10 September 2015
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.