When Can You Sue for a Workplace Injury?


In a recent blog article, we looked at workers’ compensation and employees’ entitlement to receiving compensation for injuries or illness. For the most part, you are covered under your employer’s insurance for any accident. However, there are exceptions to that coverage, and there are occasions during which you can file a lawsuit against your employer for an injury or illness incurred while at work.

What Workers’ Compensation Does Not Cover

Most injured workers can use workers’ compensation to pay for medical bills and recover lost wages after a workplace injury or illness. It can also provide needed money for your family when you are unable to get back to work right away. However, there are a few things workers’ compensation is unable to do. One thing it cannot do is cover any pain and suffering you have gone through due to the accident or illness that kept you off the job. In addition, it does not punish your employer financially for providing you with an unsafe workplace.

Since workers’ compensation does not cover these two important areas, a lawsuit can be brought against your employer that is not tied to your workers’ compensation claim.

Using Dangerous or Defective Equipment

Some employees are tasked with using dangerous equipment on the job. Sometimes, this equipment can be defective and injuries can result. In some cases, the manufacturer that made the machine can be held liable if it knew the machine was faulty or dangerous. The equipment’s manufacturer would be held responsible and would pay for the lost wages or medical bills an injured employee incurred. If you have been injured at work and you are still required by your employer to use the dangerous equipment that injured you, it is important to contact a lawyer immediately.

Chemicals and Toxins

Exposure to toxic chemicals and substances creates two different kinds of injuries. The first is acute injuries, which occur immediately, and typically show signs not long after exposure. The second type of injury is latent, which can take years before showing symptoms. Latent injuries usually occur from things such as asbestos exposure, potentially resulting in the development of cancer.

Asbestos exposure can cause scarring in the lungs, and many cancer deaths have been attributed to it. Becoming ill from exposure to asbestos is a common reason for lawsuits today. If an employee becomes ill due to exposure, he or she can file a lawsuit against the party responsible for his or her exposure. Asbestos is not the only toxin that can cause cancer or other health problems. Several recent lawsuits have centered around talc and its harmful properties. Still, there are many more chemicals and toxins that can cause injury or illness.

Other Grounds for Lawsuits

There are other reasons to file a lawsuit against your employer. One is if the employer purposely hurts you. Another reason to file a lawsuit against your employer is if the business does not have workers’ compensation insurance, as by California law, it should have it. You will need to prove the employer was the cause of the injury, which puts the burden of proof on you. In the end, however, you could receive far more money than if you were paid through a workers’ compensation claim.

Strassburg, Gilmore and Wei Can Help

The law firm of Strassburg, Gilmore and Wei can provide you with legal guidance when it comes to catastrophic injury and wrongful death lawsuits. Located in Pasadena, California, Strassburg, Gilmore and Wei, Attorneys at Law, is available to give you insight on difficult matters. Visit our webpage to see how we can help you. If you have any questions, contact us and let our experienced attorneys in catastrophic injury and wrongful death go to work for you.

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