Were you injured on the job? You most likely received some form of workers’ compensation, and often employers make it seem like that’s the only form of recompense you’ll get. Depending on other circumstances, it may be possible for you to sue for injury at work. The following elements of your injury may factor into whether or not you can sue for injury.
Workers’ compensation may not be your only course of action
Whether or not workers’ compensation is your only recourse partially depends on whether or not your workers’ comp policy involves an exclusive remedy clause. This clause prohibits you from pressing additional charges as long as you are receiving compensation in the form of workers’ comp.
Even so, there are some exceptions to this rule, such as if your employer was negligent. In addition, you may also have the option of presses charges for different reasons too, avoiding an exclusive remedy cause altogether. If you’re looking for a Toronto injury lawyer who can help you evaluate your options, there are many legal experts around the country who can assess your situation.
What if your employer doesn’t carry workman’s comp?
If your employer doesn’t carry a workman’s compensation policy, they may be at fault as many places require workers’ comp. In such situations, you may also be eligible for suing them through pressing personal injury charges. A personal injury lawsuit has some advantages that normal workers’ compensation insurance doesn’t.
For starters, a personal injury lawsuit allows you to sue for damages beyond financial compensation. This may be less tangible, but nonetheless real damages, like pain and suffering. Additionally, workers’ comp often caps its benefits at two thirds of your lost wages due to injury, whereas a personal injury suit allows you to get the maximum amount of your lost wages and medical treatment.
Other times you can press charges against your employer
Beyond situations when your employer doesn’t have workman’s compensation insurance, there are some other corner case scenarios when a personal injury lawsuit may be worth pursuing. For example, if your employer intentionally disregarded safety protocols and you got injured as a result, you may be able to file a negligence or gross negligence suit against them.
Additionally, you may be able to file a lawsuit against your place of work if your injury was also a result of a violation of your civil rights. Some laws also allow you to press charges in the event that your injury or illness was made worse by your employer’s attempts to minimize or hide your injury. These laws vary from region to region, making it even more important to talk to your local lawyer to determine the proper strategy.
Was somebody else also at fault?
One other avenue to explore with your personal injury lawyer is whether or not charges can be pressed against a manufacturer who was involved in your workplace injury. For example, if you fell at work because of a faulty ladder, the manufacturer of the ladder may be liable and charges could be pressed against them.
This would circumnavigate your exclusive remedy clause altogether, although if your workplace knowingly offered you the ladder with full knowledge of its shoddy construction, they may also be liable for negligence. And if a third party was somehow involved, you may be able to file a personal injury lawsuit against them too.
Getting injured at work can be an awful and costly experience. When you’re looking for the best way to receive reimbursement for all of these expenses, it’s worth investigating whether or not you can sue your employer instead of only claiming workers’ compensation. Consulting with a lawyer is the best way to figure out whether or not you have a case and can press charges against your employer.