Personal Injury Claims
Generally, employees are not allowed to sue their employers for injuries
that are covered under workers' compensation.
There are, however, exceptions to this rule:
A worker can sue if the employer has not purchased Workers' Compensation
Insurance. Most states however, do require that employers purchase insurance to cover
- A worker can sue an employer if his particular illness or injury is not
covered under the Workers' Compensation laws of his state. For instance,
mental stress trauma that may result from work-related duties may not
be covered under the Workers' Compensation statutes of many states.
In such cases, employers may not enjoy protection from lawsuits. However,
the onus here is on the employee to prove negligence.
A worker can sue if the injury is a result of the intentionally negligent
actions of the employer. For instance, many states now allow personal
injury claims to be brought against employers if it can be proved that
the employer was aware of the existence of a particular hazard in the
workplace, and was aware that it posed a considerable danger to workers'
health and safety, but allowed exposure anyway.
Whether or not these factors will apply in your specific case can be determined
by an experienced
industrial injury attorney working on your behalf. Without experienced legal help, it's prohibitively
difficult to quantify an accurate claim amount. It's a common mistake,
and one with potentially tragic consequences, to make conservative estimates
and claims that barely take into account existing medical bills, lost
wages, and other benefits.
Besides these, there are the long-term costs of an injury that you have
to account for. There may be long-term effects of the injury or illness
that require additional medical expenses later, including the need for
specialized care and rehabilitation therapy. Because of your injury, it
may take much longer to get back to work than you realize, and in a worst
case, future employment in your field or others may be out of the question.
Third Party Liability for Personal Injury
In certain cases, parties other than an employer may be held liable for
personal injury claims. An example of this is in the construction industry,
where there may be more than one company involved in a project, and more
than one of these may share liability in the event of an injury.
Responsible parties may include the following:
defective equipment or machinery;
- Companies that may be involved in the oversight of work; and/or
- Architects who may be liable for the defective design of the site.
If you have recently been involved in an
industrial accident and are looking to file a personal injury claim relating to third party
liability, it is in your best interests to contact Arnold & Itkin
LLP as soon as possible. We have been able to recover billions of dollars
on behalf of our clients. We know what is on the line, and we are prepared
to go the distance in our efforts to provide our clients with the high-quality
legal assistance that they truly deserve.
Want to know more about how we can help with your personal injury claim?
Contact our industrial accident attorneys!