Work-related injuries can be physically, emotionally and financially draining. If you have sustained an injury on the job, you may wonder about your rights and whether or not you can sue your employer.
There are a few key factors to consider before pursuing legal action for a work-related injury.
Negligence or unsafe working conditions
If your employer fails to maintain a safe working environment or disregards safety regulations, resulting in your injury, you may have grounds for a lawsuit. Examples include inadequate training, a lack of safety equipment or a failure to address known hazards.
Intentional harm
In rare cases, if your employer deliberately causes harm or puts you in dangerous situations, you may have legal recourse. This could include physical assault, purposeful exposure to toxic substances or other malicious actions.
Failure to provide workers’ compensation
Employers are typically required to provide workers’ compensation insurance to cover medical expenses and lost wages for work-related injuries. If your employer refuses to provide or delays compensation, you may be able to sue for damages.
Discrimination or retaliation
If you get terminated, demoted or otherwise penalized for filing a workers’ compensation claim or reporting unsafe conditions, you may have a case for retaliation. Similarly, if your injury is a result of discrimination or harassment, you may be able to pursue legal action.
Third-party liability
In some situations, a third party (not your employer) may be responsible for your injury. For example, if you get injured by a defective product or in a car accident while working, you may be able to sue the manufacturer or negligent driver.
Understanding the circumstances under which you can sue your employer for a work-related injury is important for protecting your rights and seeking appropriate compensation.