Personal Injury Law can be difficult to navigate on your own, especially if you are recovering from an injury you received on the job. The normal course of action is to file a workers’ compensation claim, however, depending on the circumstances surrounding the accident, you may be able to file a civil lawsuit claim against your employer.
The personal injury law experts at Allen Schulman and Associates in Canton, Ohio understand the stress that you’re going through during this difficult time and will do their best to ensure that you are taken care of and adequately and fairly compensated if you are involved in a workplace injury.
When Workers’ Compensation Isn’t Enough
Employers generally provide workers’ compensation insurance to each of their employees in order to provide benefits in the event that the employees are injured on the job. These benefits are provided regardless of who is at fault for the incident and typically cover medical expenses. Covered expenses typically include doctor visits, physical therapy, medication, vocational rehabilitation, and either temporary or permanent partial or total disability benefits.
The downside to workers’ compensation is that the employees aren’t always provided with benefits to cover the loss of income, future medical treatments, or pain and suffering. For these things, you’ll want to consult with a personal injury lawyer to ensure that you are adequately compensated in the event that your employer is at fault for the incident. Depending on the specific circumstances surrounding the accident, you may also be eligible for punitive damages.
In most cases, employees aren’t allowed to sue their employer for workplace injuries as they are usually protected from personal injury claims brought on by employees. This allows the employees to collect the workers’ compensation benefits without the burden of having to prove that the employer was negligent. However, on the other hand, it also can limit the amount of compensation received by the injured employee, especially if the employer made a grave mistake that has caused permanent damage. Thankfully, there are exceptions to this rule and your personal injury lawyer can go over all of your options with you
Personal Injury Law and Options for Employees
The general purpose of workers’ compensation is based upon the idea that an injured employee should be compensated for injuries incurred as a result of ordinary negligence on the job. However, when the employer intentionally causes harm then the employee may be able to sue. This applies to situations where the employee was battered, assaulted, or falsely imprisoned by the employer.
These tort claims are based on either physical or emotional harm, including intentionally inflicting emotional distress. Your personal injury lawyer will be able to advise you if your state permits a lawsuit based on these factors and if your case would apply.
In some states, you may be able to sue your employer in the event that they have behaved in a grossly negligent manner or have done something reckless that could cause injury to you. This would include if your employer did not provide you with proper protective equipment, has poor safety controls, or imposes dangerous working conditions. Anything that they do that puts the employee at an unnecessary risk could constitute grounds for you to sue in the event of an injury.
In the event that your employer does not have workers’ compensation insurance and you are injured on the job, your personal injury lawyer should be able to help you file a claim against your employer for compensation to cover your expenses. Some states have a special fund set aside for injured workers whose employer does not have workers’ compensation insurance.
Hiring a Personal Injury Lawyer for Workplace Injuries
Any case involving a work injury can quickly become quite complex and it is usually in your best interest to hire an attorney with experience in personal injury law. It isn’t unusual for workers’ compensation claims to take a long amount of time to pay out while in the meantime you are dealing with hospital bills, medication, and a loss of income. Working with an attorney who specializes in personal injury law can help take a lot of that stress off of your shoulders as they diligently work to see that your claim gets the attention that it deserves. If the workers’ compensation is not enough to cover your expenses, then they will help you on to the next step of getting adequate and fair compensation for your injuries and lost wages. They will be able to guide you through all of the options available to you and help you select the course of action that fits your specific situation.