I have been told that Workers’ Compensation laws will prevent me from filing a work injury lawsuit. Is that true?
Not necessarily. Workers’ Compensation laws do provide employers with some protection from work injury lawsuits, but they do not give employers the right to intentionally harm employees or to knowingly maintain hazardous work conditions. Some state’s Workers’ Compensation laws are more favorable toward employers than others.
If your injuries were caused by a defective product, such as a defective piece of machinery, you may be able to recover compensation through a third-party product liability lawsuit. If you are not eligible for Workers’ Compensation because you are not technically an employee, a lawsuit against the person or company you work for may be your only means of compensation for your injuries.
Why should I bother with a work injury lawsuit if I can get Workers’ Compensation with less hassle?
Workers’ Compensation is very limited. It is supposed to cover your medical expenses, although in reality it may not cover all of the medical expenses created by your injury. It also pay up to two-thirds of your lost income for a limited amount of time. Workers’ Compensation does not replace all of your lost income and it does not even consider other damages such as your pain and suffering. Overall, if you have been seriously injured, Workers’ Compensation is better than nothing, but it will not take care of all of the long-term needs created by your injury.
I have developed symptoms of a work-related illness, but I no longer work for the company where I was exposed. Do I still have a case?
Yes. Some work-related illnesses, such as mesothelioma, do not show symptoms until year after the exposure occurred, but that does not relieve your former employer of responsibility and there may be other responsible parties as well.
If you or someone you love has suffered a work-related injury, please review our list of attorneys to be connected with an experienced work injury lawsuit attorney in your area. Your initial consultation is free. Please call right away because time is of the essence.