Although a workers' compensation insurance claim is designed to provide sufficient compensation for a majority of workplace injuries, there will always be a few cases with requirements which are not adequately met by the provisions of the insurance. Some rare instances even require both an insurance claim and a personal injury case, whether against an employer or a third party. Use these three signs to help you discern whether your situation falls withing the boundaries of allowing a personal injury case.
1. Insufficient insurance
The laws in place regarding workers' compensation require many businesses to carry workers' compensation insurance. This is both to reduce court cases and to make compensation claims easier for you and for your employer. If your employer is a medium-to-large-sized business, chances are that they're required to carry this insurance. If they don't follow this requirement, you'll have grounds for suing them both for the medical bills accrued by your injury and for any emotional harm you've suffered as well as for payment to make up for the lost work time.
2. Third party fault
If your injury was caused by the actions of some person other than your employer (or a fellow employee), the same restrictions for suing don't apply. You can sue the third party to your heart's content, and your employer will be relieved. However, keep in mind that you can combine this personal injury case with a workers' compensation claim, since the injury still did happen at work. Workers' compensation is a no-fault system, so you can still file a claim for an injury you received while working, no matter who caused the injury.
3. Intentional harm
Accidental harming of employees is one thing, but intentional harm is not okay in any situation, so exceptions to the no-suing rule are made for cases in which your employer actually tried to hurt you. If you think this may have been the case, you can sue your employer on top of filing your insurance claim. You can sue for not only bodily harm, but also intentionally caused emotional trauma, being held somewhere illegally against your will, being slandered or defrauded, or even for an illegal invasion of privacy.
These three signs will help you determine whether your case belongs in the category of insurance claim, personal injury case, or both. If you decide to sue or find yourself in over your head, a personal injury attorney or workers' compensation attorney (such as one from Kiernan Personal Injury Attorneys PA) can help you negotiate more favorable terms.Share