If you were hurt at work and someone else was to blame, you might wonder if you can sue to recover your losses. Unfortunately, you cannot sue an employer or coworker in most circumstances, even if they were the person at fault for causing your injury. However, that doesn’t mean you can’t recuperate costs for lost wages or medical bills. Filing for workers’ compensation can provide you with financial support while you recover.
Is Suing an Option After a Workplace Injury?
Employees cannot sue employers or fellow employees who directly or indirectly caused an accident that led to an injury. This is because it is very difficult to prove that someone acted intentionally to hurt you. For example, say you were injured at work because protective guards were removed from the machine you operate. Common sense would tell you that this is likely what caused the injury. That being said, it’s possible the employer removed the guards from the machine to make processes faster, not to cause you physical harm. Therefore, you likely would be unable to prove that the act was intended to cause harm.
Exceptions For Suing Employers or Employees
Only one exception would give you the right to sue an employer or co-worker who caused you harm. You must prove they acted intentionally to cause you harm. Some clear examples would be cases where an employer or co-worker was caught committing assault or battery. This would allow you to sue for compensation for damages, such as lost wages from the inability to work and medical costs for treatment and doctor’s visits.
In addition to a workers’ compensation claim, other lawsuits can arise from a workplace accident. Although you cannot sue your employer or co-worker, sometimes another party or person’s actions may have caused your injury. If someone else’s negligence resulted in your injury, you may be able to sue that person. An attorney at Lewis & Lewis, P.C. can help you determine what claims you may be able to pursue if you were hurt at work.
Filing for Workers’ Compensation
Even though it is unlikely you can sue your employer if you get hurt at work, you still have a claim for workers’ compensation benefits. Claiming those benefits is not considered suing for workers’ compensation. Most claims are brought against an insurance company, not your employer directly. In a workers’ compensation claim, you do not have to prove your employer was at fault for causing your injury.
