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Select Page
 * Home
 * Areas of Law
   * Railroad Worker Injury Cases FELA
   * Personal Injury
   * Workplace & Industrial Accidents
   * Sexual Abuse Claims
 * Firm Overview
   * John P. Kujawski
   * Harlan Harla
   * Thomas S. Gaither
   * Arthur G. Rapp
 * Legal Articles
 * About Us
 * Contact


WHEN CAN YOU SUE YOUR EMPLOYER FOR A WORKPLACE INJURY?

Sep 12, 2024 | Blog, Workers Compensation

Home » When Can You Sue Your Employer for a Workplace Injury?

Workplace injuries are unfortunately common, and most employees rely on workers’
compensation to cover their medical bills and lost wages after an accident.
However, in some cases, workers may be able to sue their employer directly for a
workplace injury. While workers’ compensation laws generally prevent employees
from suing their employer, there are specific exceptions where a lawsuit is
allowed.

Understanding when you can take legal action against your employer is crucial,
as it could open the door to greater compensation than what workers’
compensation provides. Here’s when and why you may be able to sue your employer
for a workplace injury.


1. WHEN YOUR EMPLOYER INTENTIONALLY CAUSES HARM

One of the most clear-cut situations in which you can sue your employer is if
they intentionally caused your injury. Intentional harm goes beyond negligence
or carelessness; it involves situations where an employer knowingly and
deliberately causes harm to an employee. For instance, if your employer
assaulted you or forced you to work in extremely dangerous conditions with the
intent to harm you, you may have grounds for a lawsuit.

Example: If an employer forces an employee to work with faulty equipment despite
knowing it could cause serious injury, and that equipment malfunctions and
causes an injury, the worker may have a case for an intentional tort.


2. WHEN YOUR EMPLOYER VIOLATES SAFETY REGULATIONS

Employers are legally obligated to provide a safe working environment for their
employees. If your injury was caused because your employer violated specific
safety regulations—especially those set forth by the Occupational Safety and
Health Administration (OSHA)—you might be able to file a lawsuit. OSHA
violations can range from failing to provide proper safety equipment to
neglecting regular inspections of hazardous areas.

Example: If an employer neglects to maintain safety measures around dangerous
machinery or ignores known workplace hazards, and an injury occurs as a result,
the injured employee may have grounds for legal action.


3. WHEN YOUR EMPLOYER DOES NOT HAVE WORKERS’ COMPENSATION INSURANCE

In most states, employers are required to carry workers’ compensation insurance.
This system is designed to protect both the employer and employee by offering
compensation for injuries without the need for lawsuits. However, if your
employer does not have the required workers’ compensation insurance, you may be
able to file a lawsuit to recover damages for medical expenses, lost wages, and
other losses related to your injury.

Example: If you’re injured on the job and find out that your employer doesn’t
carry workers’ compensation insurance, you can file a personal injury lawsuit to
seek compensation for your injuries.


4. WHEN YOU ARE INJURED BY A THIRD PARTY

In some cases, your injury may have been caused by a third party, such as a
contractor, subcontractor, or equipment manufacturer. While you cannot sue your
employer for these injuries, you can file a third-party personal injury lawsuit
against the party responsible for your injury.

Example: If you were injured on a construction site due to faulty equipment that
was manufactured by a third-party company, you may be able to file a lawsuit
against the equipment manufacturer.


5. WHEN YOU ARE INJURED DUE TO TOXIC SUBSTANCES

If you are exposed to toxic substances, such as chemicals or asbestos, and
suffer from long-term illnesses like cancer or respiratory issues, you may be
able to file a toxic tort lawsuit against your employer. In these cases, the
injury or illness usually results from prolonged exposure to hazardous materials
due to the employer’s negligence or failure to provide a safe working
environment.

Example: Workers who develop illnesses after being exposed to asbestos or
harmful chemicals at work may be able to file a lawsuit if their employer failed
to provide proper safety equipment or disclose the risks associated with the
materials.


6. WHEN YOUR EMPLOYER’S NEGLIGENCE GOES BEYOND TYPICAL WORKERS’ COMPENSATION
COVERAGE

While workers’ compensation typically covers injuries caused by accidents or
negligence, some cases of extreme negligence may allow for a personal injury
lawsuit. If your employer demonstrated reckless disregard for your safety, you
may have grounds for legal action beyond workers’ compensation.

Example: If an employer knowingly sends employees into an unsafe work
environment without warning them of the dangers, and an injury occurs, the level
of negligence may be so extreme that a lawsuit is justified.


WHAT DAMAGES CAN YOU RECOVER IN A LAWSUIT?

If you’re able to sue your employer for a workplace injury, the damages you can
recover are often more comprehensive than those available through workers’
compensation. While workers’ comp typically covers medical bills and a portion
of lost wages, a successful lawsuit can include:

 * Full compensation for lost wages (including future earnings if you are unable
   to return to work)
 * Pain and suffering
 * Punitive damages (in cases of intentional harm or extreme negligence)
 * Emotional distress


CONCLUSION

Most workplace injuries are covered by workers’ compensation, which limits an
employee’s ability to sue their employer. However, in certain cases—such as
those involving intentional harm, OSHA violations, lack of workers’ compensation
insurance, or toxic exposure—employees may be able to file a lawsuit against
their employer for additional damages.

If you believe your workplace injury falls into one of these categories, it’s
crucial to speak with an experienced personal injury attorney who can evaluate
your case and guide you through the legal process. At Kujawski & Associates, we
have extensive experience in representing workers who have been injured on the
job and can help you understand your rights and options. Contact us today for a
consultation to discuss your case.


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