There are types of injuries that are common to inherently dangerous work environments. Workplace injuries can lead to time away from work and lost income for an extended period. As medical bills pile up, victims of workplace accidents understandably feel stressed and may even begin wondering “Can I sue if I was hurt on the job?”
If you or a loved one got injured while at work, you should contact the workplace injury lawyers from Zinda Law Group at (800) 863-5312. By calling us today you can schedule an appointment with an experienced personal injury attorney for a 100% free consultation. And, if we can’t get a favorable judgment for you, you will not owe us anything – that’s what we call our “No Win, No Fee” guarantee.
Can You Sue Your Employer for Workplace Injuries?
Employers are responsible for ensuring the workplace is a safe environment. To accomplish this, employers must ensure all safety rules and guidelines are adhered to, provide proper safety training and equipment, and ensure all equipment is well maintained. Failure to do so may result in a workplace accident leading to injury or even a fatality.
In 2020, approximately 2.7 million nonfatal workplace injuries occurred. Among occupations, Health care workers had the highest incident rate of injury cases resulting in days away from work. Meanwhile, transportation incidents were the leading cause of fatal work injuries from 2016-2020. Among the professions with the most incidences of worker fatality were Fisherman, Loggers, and Roofers.
If You’re Injured by Defective Products
Employers should ensure that all equipment used by employees is properly maintained. Poorly maintained equipment may fail without warning and cause an accident. Misuse of equipment or use of equipment by employees not authorized to use it may also cause an accident.
If You’re Injured By Toxic Substances
Some professions may require employees to handle or be near hazardous materials, such as toxic chemicals or waste. Proper personal protective equipment and other safety equipment in addition to other necessary precautions must be always utilized to prevent an accident from occurring and resulting in an employee being exposed to these hazardous materials.
If You’re Injured By a Third Party
If your injury was a result of the negligent behavior of a third party, you may be able to file a suit against the liable third party. This type of suit may be filed even if your employer has workers’ compensation insurance coverage. Accordingly, if a third party is involved in the accident, you should be sure to collect as much information as possible. Be sure to find out whom they work for, their name, and their contact information as well.
It is also important to collect the contact information of anyone who may have witnessed the accident and the third party’s involvement. This may include third-party contractors, vendors, custodial service providers, or other non-employees present at the worksite. If you think a third party may have been responsible for your workplace injury, you should contact a workplace accident attorney and begin to investigate your claim as soon as possible so that the appropriate actions can be taken to preserve any available evidence relevant to the accident.
For a free legal consultation, call 800-863-5312
When Can you File a Claim Against Your Employer for Workplace Injuries?
In most cases, workers’ compensation insurance prevents employers from being sued by employees for work-related injuries. However, there are exceptions that, depending on the facts of the case, enable employees to file suits against their employer.
For the most part, employers will have workers’ compensation coverage, however, states like Texas, for example, do not require employers to have such coverage. In cases where the employer maintains workers’ compensation coverage, they are agreeing to pay for employee injuries regardless of fault in return for limited liability. Consequently, employers that maintain coverage are for the most part immune from personal injury lawsuits.
However, even though employees are generally immune from personal injury lawsuits, there are exceptions when an injured employee can seek to hold their employee personally liable. In two types of situations are you able to file a claim against your employer; (1) where your employer wrongfully denies your workers’ compensation benefits, or (2) where your employer does not carry workers’ compensation coverage.
Wrongfully Denied Benefits
A representative from the insurance company that provides your workplace with coverage is required by law to investigate the accident when an injured employee makes a workers’ compensation claim. Most of the time, injured workers are entitled to compensation for the accident-related medical costs, lost pay, and benefits for permanent total disability.
An unfairly rejected claim can quickly cause financial trouble for workers who have suffered significant injuries and are unable to work right away. This is because people who sustain industrial injuries frequently must pay astronomical medical bills and recuperation expenses. The financial burden brought on by the injury is made worse by the lost wages resulting from the time away from work required for healing.
Employer Doesn’t Carry Workers’ Compensation Coverage
Most employers in the United States are required to have workers’ compensation insurance. To adequately compensate for injuries sustained in workplace accidents, workers’ compensation coverage is required. However, some employers forget to carry insurance or let their coverage lapse. Because of this, the workers at that company may face substantial financial repercussions, especially if they are not of their legal rights.
When the employer doesn’t follow the law, it could ultimately benefit the employee. While it’s normally not permitted to sue your employer for a workplace accident, most states contain a provision that permits you to do so. These kinds of civil lawsuits for personal injuries can only be filed against an employer if the latter is exempt from the state’s workers’ compensation rules. If this is the case, the injured worker may file a civil lawsuit to recover damages from the company.
How to Prove a Case Against your employer
The rights, duties, and responsibilities associated with the relationship between an employer and an employee are covered under employment law. However, if you are unsure of how to prevail in a case against your employer the workplace accident lawyers from Zinda Law Group can help you collect evidence and build your personal injury case.
Before bringing a claim, there are a few things that you should do to help resolve the issue in the way most favorable to you. Of course, you should address the issue with your human resources department but that is no guarantee that they will properly handle it. Weeks may pass with no resolution and harassment may ensue or intensify. If your company doesn’t take the action they agreed to, you might have a viable legal claim against them.
Review you Employment Agreement
An employment contract usually serves as the governing document when parties are stipulating employer-employee expectations. Before going forward with a claim, make sure to read your employment contract and check whether there are methods or procedures proscribed for employees in your situation.
In many cases, one of the main reasons lawsuits against employers fall short is because the employee does not have enough evidence to back up their claim. After your injury, you should document anything that is said or done to you that makes you feel like you are being harassed or targeted. This pattern of targeting may start as suggestions that your injuries are not serious and may develop into explicit demands that you do not file a claim.
Determine Your Claim
There are numerous claims that you may be able to file. For instance, it is discrimination if a coworker or manager treats you unfairly because of your race or sexual orientation. Other disputes may arise if your employer fails to pay you your agreed-upon wages.
File a Report With HR
People who are nervous about initiating legal action against their employer are often best off talking to their supervisor and filing a report with HR. However, many people feel compelled to file a lawsuit when the parties refuse to act and address claims.
Contact an Attorney
An experienced workplace accident attorney can help you gather evidence, comply with deadlines, negotiate with insurance companies, and advocate on your behalf in a court of law. Our workplace accident lawyers are familiar with these types of cases and can help you determine the next steps after your injury. To talk with a personal injury lawyer from Zinda group for free, call (800) 863-5312 today.
Click to contact our personal injury lawyers today
Generally, you may be able to seek compensation for economic as well as non-economic damages caused by workplace accidents. If you have been hurt on the job, your lawyer may be able to help you pursue any compensation you may be entitled to.
Potential economic damages you may be entitled to include:
- medical expenses
- lost wages
- loss of potential income
- pain and suffering
- wrongful death
Compensation for medical expenses may cover the cost of medical bills incurred as a result of any injuries caused by the accident. This may include the cost of emergency room visits, hospital stays, treatment, and any medications necessary to treat your injuries.
If you missed work because of your injuries, you may be able to claim compensation for your lost wages during your period of treatment and recovery. In the event of partial or total disability, you may be entitled to compensation based on your potential future earnings.
Loss of Potential Income
If your injuries have left you unable to return to work, you may be able to seek compensation for the loss of potential income you may have been able to earn if not for the accident and the resulting injuries. Potential non-economic damages you may be able to seek include but are not limited to pain and suffering and wrongful death.
Pain and Suffering
You may be able to seek compensation for the pain and suffering caused by your injuries. This type of compensation is based on the extent your injuries have affected you and your quality of life. In general, this type of damages award is meant to compensate victims for their diminished quality of life.
If you have lost a spouse or parent due to a workplace accident, you may be able to seek compensation for this loss. A spouse may generally seek compensation for a loss of companionship, and children may be able to pursue compensation for the loss of a parental figure. In some states, spouses are able to receive death benefits from the employer but claiming such benefits may preclude the spouse from filing a wrongful death claim.
Complete a Free Case Evaluation form now
Can you still receive Workers’ compensation Benefits?
The statute of limitations establishes a window within which you may file a claim. You may be prevented from filing a lawsuit if the applicable statute of limitations has already expired. The statute of limitations for personal injury claims varies from state to state, but it is often two or three years from the date of the accident. It is worth noting, however, that if any injuries are not discovered until a later date, the statute of limitations may instead start when any such injuries are discovered or should have been discovered.
Need help? Contact Zinda Law Group Today!
If you or a loved one has been hurt in a workplace accident, the workplace accident attorneys at Zinda Law Group may be able to assist you. After suffering being injured in a workplace accident, you can turn to a knowledgeable team of attorneys has years of experience assisting victims in pursuing the full compensation for their injuries.
Unfortunately, there are situations when employers or insurance providers contest a worker’s compensation claim or refuse to work with the injured employee in good faith. When you find yourself in a battle over workers’ compensation the workplace accident lawyers from Zinda Law Group can work on your behalf by communicating with other parties during settlement negotiations and in front of a judge and jury.
For a 100% free case evaluation with a member of our team, call us at (800) 863-5312. With a free, no-obligation consultation, we can talk about your situation and legal options for making a financial recovery. Additionally, we offer a “No Win, No Fee Guarantee” which means that you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your case.
Meetings with attorneys are available by appointment only.
Call or text 800-863-5312 or complete a Free Case Evaluation form