When You Can Sue An Employer Rather Than File A Worker's Compensation Claim
Worker's compensation insurance not only protects your employer from liability, but also protects your employer from litigation if you become injured. This is beneficial to you as well because it is much easier to file a worker's compensation claim than it is to file a lawsuit. Also, it is somewhat combative to sue your employer. However, there are some situations where you may need to sue your employer rather than file a worker's compensation claim. For example:
Your Employer Did Not Have Adequate Worker's Compensation Insurance
If your employer did not carry worker's compensation insurance, and was likely in violation of the law, you can pursue all forms of legal action that are available to you. The downside of suing your employer is that the legal process is much slower. However, if you work with an attorney who is willing to pay for your medical bills, you can focus on your legal case rather than being turned over to collections.
You Were Denied Benefits
You may also be able to sue if you are wrongfully denied worker's compensation benefits or if you have these benefits terminated. There are several administrative steps that you can take to settle a claim that you have been denied, so you will need to exhaust these administrative steps before you are able to seek compensation through a civil court.
You Experienced Pain and Suffering By a Third-Party Contractor
You do not receive pain and suffering damages through worker's compensation insurance. However, if there was a third party contractor who was involved in your accident, you may be able to sue him or her for pain and suffering damages caused by negligence.
Your Employer Deliberately Caused You Physical Harm
When your employer injures you and you believe that the injury was intentional, you can still bring a suit for an intentional tort. Tort injuries can include physical injuries and emotional harm. Your employer may have assaulted you or may have manipulated the work environment in a manner that would be intended to harm you. For example, if you are required to work in a room set to a high temperature and your employer raises the temperature even higher specifically to torment you, you may be able to sue if such actions cause health complications.
Your Employer Caused Emotional Harm
Emotional suffering is also considered with tort injuries. These can include an invasion of your privacy, trespassing, false imprisonment, defamation, or fraud that causes you financial damages.
For more information, visit an experienced personal injury attorney like Law Office Of Daniel E Goodman.