Q&A: When Can I Sue for a Work Injury?

If you’re injured at work, chances are your employer will offer you Workers’ Compensation to provide money and benefits for medical expenses, wage replacement and permanent disability for on-the-job injuries. However, certain injuries open the door for you to file suit for additional compensation.

  • Defective products

Equipment doesn’t always work properly. In cases where a machine or piece of equipment malfunctions, resulting in an injury, you could bring a product liability lawsuit against the manufacturer. If your employer knew about the defective equipment and did nothing to repair it, you also have a potential lawsuit against your company.

  • Toxic substances

If you are exposed to chemicals or other toxic substances at work, you could suffer immediate or long-term health consequences. In both cases, you may file a toxic tort lawsuit against the manufacturer and also against the maker of any safety equipment that failed to protect you. Any substance that causes harm may be categorized as toxic. Common ones include asbestos, benzene, chromium compounds, silica, and radium.

  • Intentional conduct

If your employer’s intentional conduct caused your injury, you may file a personal injury lawsuit against him/her and the company.

  • Third party conduct

If another person’s conduct or negligence at your workplace caused the injury, you may hold them accountable. You can file a personal injury lawsuit against that individual or entity.

Finally, if your employer does not carry workers’ compensation insurance, you may be able to take him or her to civil court. The court can then award you benefits from a state fund. In any of these cases, discussing the details with a top workplace injury attorney can help you understand how best to proceed. Please reach out to us if you would like to learn more.