Generally speaking, on-the-job injuries are covered by workers’ compensation, and as a result, employers are often protected from legal ramifications arising from personal injury. You may feel as though you can get more money by suing your employer instead of requesting workers’ compensation benefits, but the truth is that you may not get any compensation at all with a lawsuit. It is important to note that there are some exceptions, so depending on the circumstances, you could bring a lawsuit against your employer.
One of the ways in which you could sue your employer is if you feel that the injury was intentionally caused by your employer. For instance, if you and your employer were engaged in an argument and your employer struck you, then you could recover compensation for assault and/or battery. Remember that this intentional injury does not have to be physical. If your employer lies in a way that harms your reputation or prospects, then you could bring a defamation claim against him or her.
Of course, just because you cannot sue your employer for an injury suffered in a workplace accident does not mean that you cannot hold other parties responsible. If your injury was caused by a third party, such as a company that manufactured a defective machine that caused your injury, then you may be able to recover compensation in a personal injury lawsuit against that company. Additionally, if your workers’ compensation claim was denied, and you feel that it was denied wrongfully, you could sue for wrongful denial.
If you are injured on the job, the first step you take should be to inform your employer and pursue workers’ compensation benefits. In the event that your benefits are denied, consider contacting an attorney to help you better understand why your benefits were denied, and how you may be able to pursue other legal avenues in order to recover the compensation you need.