Suing Your Employer or Co-Worker for Causing Your Injury or Illness

Work Injuries

Sustaining an injury or becoming ill due to a work-related incident can be life-changing in the most extreme cases, and costly if you have expensive medical bills and lost wages throughout the time you’re unable to work. Many employers are required to hold workers’ compensation insurance to cover potential accidents because even with the most rigorous security implements in place, accidents happen. There are also cases where overuse of muscles and cumulative damage to the body can lead to disability and the eventual need for medical care. Workers’ comp usually covers these cases as well.

Negligent or Intentional Actions

For the employers who care about their businesses, employees, and future success of the business, they often take the necessary actions to ensure workplace safety and even conduct safety training depending on the industry. There are, however, managers and supervisors who are not as stringent about safety, allowing safety equipment to deteriorate or cutting corners to save money. Or they allow other employees to “mess around” in unsafe ways without reinforcing the rules. This is when employees are more likely to get hurt or sick. So, when can you sue your employer for your injuries or illness?

  • When your employer is clearly in violation of one or more major safety laws, especially if they are OSHA-related
  • If your situation was caused by your employer or another employee doing something intentionally to you
  • If your employer does not have workers’ comp and is legally supposed to

Injured by Another Employee

There are situations that arise where you could be injured because of another employee’s lack of safety knowledge, or intentional harm. In these cases, you could sue the individual for damages rather than the company. Because workers’ comp has limits as to the benefits you can receive, in very serious situations this may not cover all your expenses, and it will only cover some of your lost wages.

Is Suing the Right Direction?

Being in a litigious society where everyone is suing everyone else for something, you might be hesitant to open those doors, especially since success is not always guaranteed. It is your responsibility to prove that you were hurt because of your employer or another employee, and this can be difficult to do in some situations.

This is why consulting with a workers’ compensation lawyer, like a lawyer, like a work injury compensation lawyer, is important. They can examine your case and tell you if suing is the right direction to go. If you experienced a severe accident that resulted in permanent disability, it’s important to take further action, especially when dealing with irresponsible employers. A court will be able to reward punitive damages that not only provide you with coverage for your pain and suffering, these types of damages are also meant to punish the employer, and discourage their actions in the future, along with other businesses in your industry.