Publications

Workplace Injury: Filing Lawsuit Other Than Workers' Compensation


Workers' compensation coverage may not be your single alternative in support of a workplace injury.

Whenever you've got workplace injury, you've more or less certainly been told that the one compensation you can be rewarded with settlement will be paid from your company's workers' compensation coverage. Even though it is the all-purpose rule, there are a lot of exemptions - situations wherein you can institute legal proceedings for injuries caused by your accident. For instance:

• When you got injury by an imperfect product, you may be able to submit a products liability proceeding in court against the producer of the product.
• When you got injury by a toxic material, you may be able to submit a toxic civil wrong proceeding in court against the producer of that material.
• When you got injury as a result of your company's intended or reprehensible conduct, you may be able to submit a personal injury proceeding in court against your company.
• When your employer does not entitled for workers' compensation coverage, you may be able to take legal action against your company in civil court or get compensated from a state fund.
• When a third party created your injury, you may be able to consider a personal injury court case against that one.

Even if workers' compensation can pay out money and help to a suffered worker, short-term disability and short-term disability payments are generally relatively low and don't help the worker to maintain pain and suffering. It also does not grant compensation more than actual damages to entail a penalty on a company for bad safety controls or harmful conditions. As a consequence, it's of great importance for suffered workers to be aware of their rights to submit a case to get settlement from other than workers' compensation fund.

In addition to the court proceedings explained in this article, you may take extra money from government funds for instance Social Security disability insurance when your accident is disabling and does not enable you to work.

If you got injury due to a faulty product

If a worker gets injury by a machine or part of tools that are faulty, failed to work as it should be, or is naturally harmful, the manufacturer of the instrument or tool can be considered liable for the injury when the danger was clearly noticeable but it didn't appropriately notify of potential danger to the business or workers. In this situation, the producer would have to settle the worker for aspects such as health care bills, missed income, and pain and suffering.

Example:

Bill was working in a factory that creates office-used things. His post is to operate a punching machine to make holes in boxes. One time, while Bill was putting his hand into the machine to set a box, the pedal gear that he presses to stop the sticks and the machine compresses three of his fingers. His hand is not any more workable after the accident. He can recover damages from workers' compensation from his company, and he also has a likely products liability lawsuit against the faulty press company.

Clearwater Solicitors can help you receive professional legal services. We have years of experience in the fields of accident at work compensation, crime, immigration and forklift truck accident claims.

Geek, H. 2014, Workplace Injury: Filing Lawsuit Other Than Workers' Compensation.

Tags: Personal Injury Solicitors, Forklift Truck Accident Claims,

More Publications by Hellen Geek