All injured workers are eligible for workers’ compensation benefits, regardless of who is to blame. Medical expenses, such as doctor visits, physical therapy, and medication, are typically covered by benefits. Vocational rehabilitation may also be part of workers’ compensation. If an employee is unable to work due to an injury or illness, temporary or permanent total or partial disability benefits may be used to replace lost wages. Civil lawsuits, on the other hand, may provide compensation for medical expenses, lost wages, future medical treatment and disfigurement as well as pain and suffering for injured victims. Punitive damages, a type of compensation meant to punish an employer for particularly egregious conduct, may be available in some personal injury cases.
In the vast majority of cases, employees who have been injured on the job are barred from suing their employer. To avoid having to defend personal injury lawsuits brought against them by their employees, employers typically purchase workers’ compensation insurance for them. In exchange for the ability to collect workers’ compensation benefits without having to show that the employer was negligent, the system was created so that an employee would give up his or her right to sue in court. The general rule that injured employees cannot sue their employers for work-related injuries is, however, subject to a number of exceptions.
An act of deliberate malice
This system of workers’ compensation is based on a belief that workers who have been injured due to the negligence of their employers should be compensated. An employee may be able to sue their employer if the latter intentionally harms him or her through tortious acts. As a result, this could include instances in which an employer physically abused, assaulted and falsely imprisoned an employee.
Physical hurt or mental harm, such as the intentional imposition of emotional distress, might be grounds for a claim of tortious interference. An employee’s intentional injury can typically be sued for in the majority of states. Some states, on the other hand, do not authorize this kind of case. This form of claim is also allowed in some places, such as when an employer tells a supervisor or employee on what to do, even though that employee was not the one who caused the deliberate harm.
In a few states, an employer can be held liable for an employee’s injuries if it acts in a reckless or grossly negligent manner. States that recognize this type of claim make a comparison to intentional misbehavior. ” For example, a worker may file a lawsuit if their employer doesn’t provide proper safety equipment, has shoddy safety controls, or places them in an unsafe working environment.
Insufficient Workers’ Compensation Insurance Is Being Provided By The Employer
An employee may sue an employer if the employer does not have adequate workers’ compensation insurance. Ordinary carelessness may give rise to this cause of action. Employees who file a civil negligence lawsuit against their employer must prove that the employer’s negligence caused their injury. If a company is not insured, some states have a fund that pays out workers’ compensation benefits to injured employees.
Lawsuits brought by Others
Sometimes, an injured worker can file a civil lawsuit against another party who is responsible for or contributed to his or her injuries. In other situations, the employer may not be the target of these lawsuits. Other offenders who share some blame for the victim’s injuries may instead be targeted.
However, in some situations, the wounded worker may bring a lawsuit against the company. In most cases, independent contractors are not eligible for workers’ compensation payments. If an independent contractor is hurt while performing his or her tasks, he or she has the option of using his or her employer for damages.
Help with Legal Issues
Work-related injury cases are often complicated. An injured worker may wonder whether they should submit a workers’ compensation claim or pursue legal action against their employer through the courts. Consult with workers’ compensation Boston personal injury lawyers if you’re in this situation and want to learn about your options.