Workers' compensation law allows employees to make claims against their employers under certain circumstances. However, there are some occasions when you can make an additional claim outside of workers' compensation law. If you think that you may be able to make a claim, it's always best to seek the advice of an experienced workers' compensation lawyer. In the meantime, here's a brief overview of when you could potentially make a successful claim outside of workers' compensation insurance and how to go about it.
When can you sue for compensation against your employer?
If you can prove that your employer intentionally caused you harm, you may be entitled to sue them for compensation. Occasions when this could occur would be:
- if your employer was physically violent towards you
- if your employer deliberately provided you with defective equipment that caused you injury
It is worth noting here that you would not be able to sue your employer if they negligently or carelessly caused you to be injured; the act that caused you harm must be deliberate and intentional.
No workers' compensation insurance
If you suffer injury at work or contract a work-related disease and your employer does not have any or sufficient workers' compensation insurance in place with which to compensate you, you are entitled to sue them for damages under civil law.
Why sue your employer outside of workers' compensation?
One important point to note here is that you could potentially be awarded much more in the way of damages if you sue under a civil lawsuit, rather than just making a claim under workers' compensation. You can claim for the following:
- lost income
- medical treatment fees
- damages for any permanent disability
- compensation for any pain, suffering, and distress
In order to make a civil claim, you must file specific documents, and your workers' compensation lawyer will tell you precisely what paperwork is required. Although it may seem expensive, it's essential that you use a professional if you decide to go down this route, as the law in this area is very complicated and is not something that you should attempt to negotiate on your own. The extra expense should be more than covered by the extra punitive damages that you stand to be awarded for pain, suffering, and distress.
If you are injured at work due to your employer's deliberate actions, you could file a civil law suit against them in addition to making a claim under workers' compensation insurance. For the best advice on how to proceed and to see if you would be eligible, have a chat with an experienced workers' compensation lawyer in your area.