Can I Sue if I’m Hurt at Work?

All employers are expected to provide a hazard-free environment, but this doesn’t mean that you cannot get hurt while at work. Things like slips-and-falls, office equipment, overexertion, and industrial chemicals can cause severe and lifetime injuries.  

As an employee, you’re probably aware that you can seek compensation from your employer’s work comp insurance in case of an injury. But can you sue beyond workers compensation?  

Steps to Follow After a Workplace Injury or Illness

The actions you take after a workplace injury or illness can determine whether your employer fully compensates you or not. To be on the safe side, consider consulting with a workers comp attorney to understand your rights and avoid any mistakes that might disqualify your claim. 

Here are the steps to follow after being hurt at work:

• Notify Your Employer Immediately – Your employer will provide you with a form to fill out an injury report and sometimes, help you fill in the details.  
• Seek Medical Attention –  Your employer might mandate the doctor you visit or they might give you an option to visit your doctor. Ensure that you speak with your employer about this and mention to the doctor that the injury was work-related.
• Documenting Your Expenses  –  Begin to keep track of all your injury-related expenses, such as out-of-pocket medical costs, transport to and from the hospital, days you’ve missed work, and so on. This will ensure that you’re asking for the right amount of compensation.
• File a Workers Compensation Claim  – After compounding all your damages, the final step is to file a claim with your employer’s insurer. This is the most critical part and it’s better to seek the guidance of an experienced attorney. 

When Can I Sue after a Workplace Injury?

Here are some situations in which you may be able to sue in the case of a workplace injury.

Your Employer Denies You Compensation

An employer might deny you compensation by claiming that you were responsible for the injuries, among other reasons. When this happens, you can sue them and fight for your compensation.

When You’re Injured by a Third Party

Some workplace injuries are caused by the negligence of third parties like drivers or independent contractors. Here, you might need the expertise of a personal injury lawyer to prove negligence and how the at-fault party caused your damages. 

Injuries from a Defective Product

A defective machine part, either by manufacturing, design, or warning label, can easily malfunction and cause serious injuries or fatalities. If this is the case with your injury, you can file a product liability claim and recover more damages. 

Injuries from Toxic Substances

Similarly, employees who suffer from illnesses or injuries caused by toxic chemicals like asbestos and radium can file a toxic tort lawsuit in some cases.

Reach Out to a Work Injury Lawyer

Most employees don’t stop to consider other options for their workplace injuries after receiving workers compensation. When you speak with a work injury lawyer from Conway, Pauley & Johnson P.C., we’ll evaluate your case to see if you can sue your employer or a third party for compensation that covers all your damages. 

Get in touch by calling 402-462-5187 or filling out the form below with a brief message about your case.