If you ever suffer a physical or psychological injury at work, you’re entitled to claim monetary benefits via your employers work insurance cover. In this case, you don’t have to prove that anyone was at fault to be eligible. However, to obtain extra compensation, it’s advisable to file a common law claim.
Most personal injury claim cases are complicated, a reason you should consult with a professional attorney from a reputable firm such as The Walthew Law Firm for professional advice. Having a lawyer by your side while pursuing compensation will help you understand the procedure better and negotiate a significant settlement with the insurance company. If your employer is not covered for workplace injuries or if the insurance rejects your claim, you may be prompted to file a lawsuit – a move which will also have a personal injury lawyer at the center.
When you can sue your employer and when you cannot
If you believe the ‘accident’ was intentional
Injuries sustained as a result of workplace accidents are covered under the workers’ compensation program. However, if an employee believes the injury was caused on purpose, they are entitled to file a lawsuit. Injuries included in this kind of lawsuits can be both physical and emotional.
Common non-physical injuries that you can be included in intentional tort lawsuits include fraud, infliction of emotional distress and defamation. Physical injuries include assault, trespassing, and battery. When filing a lawsuit against your employer for intentional injuries, consider working with a lawyer with the expertise to prove that the injury was indeed inflicted on you purposefully.
If a third party caused an injury
If you were injured because of the negligence of a third party, you’re plausibly expected to sue the third party. That is, however, not to say that the employer cannot be involved. They can, and most of the time it is to get compensated as well. For instance, if you sustain an injury that forces you out of work for a significant number of days, the employer may seek compensation from the third party’s insurance for the days you missed work.
If the employer’s insurance denies you a workers’ claim compensation
This is one of the most common reasons employees end up in court seeking compensation. It has proven over time to be difficult for the employer’s insurance company and the employee to agree that the employer was at fault for the accident. This leads to the rejection of a claim, which consequently prompts the victim to seek intervention from the court.
Note that insurance companies reject claims when they feel it can’t be proven in a court of law even if it’s known how the accident occurred. It is for this reason that you are advised to hire an experienced lawyer, who can build a strong case to convince the jury accordingly.
It is not uncommon for legitimate claims to be dismissed by insurance companies and courts, but with a tested-and-tried attorney by your side, you can rest assured justice will be served.