Workers' Compensation And Suing Your Employer

If you have been injured while on the job, the thought of where you're going to find the money to pay your bills while you're out recovering can be quite stressful. You know that most employers are required to carry workers' compensation insurance, which is in place to protect you as the employee. This also protects the employer's assets from being taken away when one of their employees is injured, because your claim is with the insurance company, not the employer.

However, there are instances when you can sue your employer for damages because of your injuries suffered. This article will provide a brief overview on how to do so.

Suing Your Employer 

There are some instances when you can file a lawsuit against your employer:

  • Intentional Injury. In order to be able to sue your employer for intentionally hurting you, the employer must have had taken some type of action with the intent of specifically harming you. If your employer was negligent in failing to protect your safety and well-being, it's not intentional. Carelessness, even extreme carelessness, is not sufficient enough to prove intentional harm. 
  • Insufficient workers' compensation. If your employer has insufficient coverage, or no coverage at all, you may be able to sue for compensation. Texas is the only state that does not require employers to carry workers' compensation. But employers in other states may have minimal coverage, and your claim may not be completely covered by the amount workers' compensation can give you. Filing a lawsuit can help you recover damages from your employer from your occupational disease or your work-related injury. 

It's important for you to remember that if your workers' compensation claim is denied, you still may not be able to file a claim against your employer. Instead, you can file an appeal with the workers' compensation board. If you can file a lawsuit against your employer in court, you won't be limited to the coverage that workers' compensation provides. Besides lost wages, you may be able to collect reimbursement for any unpaid bills for medical treatment and recovery of damages for any permanent injury. 

If you are unsure about the workers' compensation process, you should speak to experienced workers' compensation lawyers like the Hamilton Law Firm, P.C.. They can sit down with you and discuss the specific details surrounding your case and whether or not you can file a lawsuit in addition to claiming workers' compensation benefits.