Workers’ Compensation can be both a blessing and a curse for those injured on the job. Most of the time, you get full compensation to help you recover, whether your injuries occurred on the job site or while running errands for your company.
There are times, however, when you don’t get fully compensated for your injuries. When that happens, you can try suing employer for injury.
But first, report that injury to your employer and get medical treatment right away. You may need to see a doctor of the company’s choosing, so check with your employer. During your treatment, write down everything the doctor says along with every detail of the injury. The more accurate a picture you present, the easier it is to collect compensation. If you don’t receive the help you need, you can sue for the following reasons.
1. If the Employer’s Workers’ Compensation Isn’t Enough
If the employer’s workers’ compensation isn’t adequate enough to pay for your recovery, or if the insurance refuses to pay, you can sometimes sue your employer. Keep in mind, however, that if your employer can prove that you were paid all you were entitled to, then you might not win your case.
2. If the Injury Is the Result of the Employer’s Recklessness
In legal terms, a civil wrong is called a tort and depending on the state in which you live, you can sue an employer who behaves in a reckless or negligent way that culminates in an injury for you. Examples of this are when your employer doesn’t provide you with the protective gear you need or the employer doesn’t follow safety protocols. Other cases involve placing you in an unnecessarily dangerous situation resulting in you being injured.
3. If the Injury Is Intentional
If your boss attacks you or locks you in an area, falsely imprisoning you, you can sue your employer. You can also sue if you can prove your boss intentionally belittled you or inflicted other emotional harm. You’ll need plenty of documentation to win such a case. Some states will also allow you to sue your employer if that harm wasn’t intentional.
There aren’t many reasons for suing your employer, but you can successfully file suit if you can prove that you are suffering due to your employer’s neglect or evil intentions, but it will take plenty of detailed notes and the help of an attorney.