If you have been injured at work, you may the right to pursue litigation against your employer in addition to receiving funds from your employer’s workers’ compensation insurance. A personal injury lawsuit may be filed in certain circumstances. These can range from illness due to a toxic substance to injury resulting from negligent behavior of an employer. It’s important to educate yourself about the options available to you when involved in a workers’ compensation case.
Reasons to Sue an Employer
Workers’ compensation covers injuries and illness that were accidental in nature. If it is found that your employer does not have workers’ comp insurance you can seek settlement money from a state fund. In some circumstances you may be able to pursue legal action is due to the negligent conduct of your employer.
Most employers are required to carry workers’ compensation as a mandatory form of business insurance. However, payments you receive from the fund can be relatively low and may not cover all of your expenses. If a poor or dangerous work environment caused your injuries, you may be able to sue your employer for damages in addition to workers’ comp. It is best to seek legal advice in these cases.
Defective Products
If you experienced injuries due to a defective product or a toxic substance, you may be able to pursue litigation through the court system. The courts will consider the manufacturer of the product or substance as responsible for the major liability.
OSHA, the Department of Labor’s Occupational Health and Safety Administration, has certain rules and regulation employers must follow to provide their employees with a safe working environment. The presence or use of a defective product that can cause injury is a gross violation of this code, if the employer was aware of the safety hazard.
Although it is the employer’s job to make sure all equipment is safe, it is the responsibility of the manufacturer to create safe products and equipment to ensure that their products do not harm others in the long run. They must also provide directions to show people how to safely use the product. Failure to do so may create an opportunity for you to seek compensation from the manufacturer.
Toxic Substances
Toxic substances should always be handled with care and only available to trained professionals. However, due to negligence these products can harm others and do cause serious injury. If you have come in contact with a toxic substance by accident and through no fault of your own, you can sue for damages.
Toxic injuries can be either acute or latent. Latent injuries take time to appear while acute injuries appear immediately. Certain illnesses can be traced back to exposure to toxic substances and further investigation will prove what caused it.
Hiring a Paterson Workers’ Comp Attorney
The laws surrounding workers’ compensation and what qualifies as outside of that regulation can be very confusing. You may need someone to fully explain your options to you. The Law Offices of Peter Davis and Associates can help you resolve personal injury and other disputes with employers and manufacturers. Get justice for your work injury today!