Employers are required to provide their workers compensation insurance. As a result, you cannot just sue your employer. Employers are usually protected with the compensation insurance that they give to their employees. This so-called no-fault system exchanges an employee’s right to file a case against one’s employer for compensation benefits paid for by insurance. There are exceptions to this, however, and we will discuss them briefly below.
Intentional Torts
There are different circumstances that surround a personal injury case. If you were injured and you believe that your employer intentionally caused them, you are entitled to sue them for an intentional tort. These types of injuries do not only pertain to physical injuries but also emotional stress.
There are different kinds of intentional torts; direct assault and forced imprisonment, where you are detained against your will without proper process, are just two examples. Also, you can sue your employer if you can prove that your employer caused you emotional distress or trauma at work.
Although employers provide compensation benefits, employees still have rights that employers must respect. If for instance, your employer invades your privacy and you believe it has damaged you, you can sue your employer. Libel and defamation cases are also some of the most common intentional torts. If your employer uttered false statements against you that negatively affected your reputation, you can file a defamation case.
Injuries Caused by Third Parties
Unfortunately things can happen at work, and some of these may make your employer, or a third party, legally liable for them. One good example is when you incur serious injuries brought about by defective equipment. In this case, you may have the assistance of the workers compensation fund and also pursue the manufacturer of the defective product for your personal injuries.
Search for a Worker’s Compensation Attorney
Going through the workers’ compensation process can be quite tedious and stressful. If your employer is not cooperating, then you should definitely fight for your rights and get the compensation that you deserve. You need a reliable worker’s compensation attorney on your side. With their experience at your side, you will get what you fairly deserve without needless worry. Keep in mind that just because someone is a personal injury attorney it does not necessarily mean that they are experienced or particularly situated to deal with workers compensation claims. Make sure that you find a worker’s compensation attorney that knows what they are doing and practices in that area daily.
