Let Our Family Help Yours
Steppacher Law Offices

Can you sue your employer for on-the-job injuries?

On Behalf of | Feb 23, 2024 | Workers' Compensation

Manufacturing facilities, construction sites and warehouses can be dangerous places to work. On-the-job injuries can require medical treatments and an extended time away from work.

Injuries sustained at work can be distressing, leading employees to wonder about their legal options and whether they can file worker’s compensation or personal injury claims against their employers for workplace injuries.

Worker’s compensation

Worker’s compensation provides benefits to employees who sustain injuries or become ill as a result of their work duties. Worker’s compensation typically covers medical expenses, lost wages and rehabilitation costs.

Worker’s compensation insurance operates on a no-fault basis, meaning employees do not need to prove that their employer was negligent or at fault for the injury. As long as the injury occurred while the employee was performing work-related duties, they are generally eligible for benefits.

However, worker’s compensation may not cover all expenses related to an on-the-job injury, leaving workers facing financial challenges. Insurers often try to limit benefits, making it difficult for injured workers to receive adequate compensation.

They may dispute the severity of injuries or argue that they are not work-related, delaying or denying benefits. This can leave workers struggling to cover medical bills and lost wages while dealing with the physical and emotional toll of their injuries.

Limits on lawsuits

In exchange for receiving worker’s compensation benefits, employees typically forfeit their right to sue their employer for negligence. This means that in most cases, employees cannot file personal injury lawsuits against their employer for workplace injuries.

Exceptions to the rule

There are some exceptions to the rule barring personal injury lawsuits against employers. In cases where an employer’s intentional or wantonly negligent conduct led to the employee’s injury, the employee may be able to pursue a personal injury claim.

Additionally, if a third party, such as a contractor or equipment manufacturer, is responsible for the injury, the employee may have grounds for a personal injury lawsuit against that party.

Know your rights

Navigating the aftermath of workplace injuries can be daunting for employees. Understanding the complexities involved can help injured workers protect their rights and secure the compensation they deserve through the available means.