You may be entitled to workers' compensation benefits if you have been injured while on the job. However, many people wonder if they can still sue their employer for a work-related injury even if they are receiving workers' compensation benefits. The short answer is that it depends on the circumstances of your case.
1. Understanding Workers' Compensation Benefits
Workers' compensation benefits are designed to provide injured workers with financial assistance for medical expenses and lost wages. In exchange for these benefits, workers typically waive their right to sue their employer for negligence. Nevertheless, it's important to note that there are certain exceptions to this general rule.
2. Exceptions to the Workers' Compensation Exclusivity Rule
If your employer intentionally caused your injury, you may be able to sue them for damages. Additionally, if a third party (such as a contractor or equipment manufacturer) caused your injury, you may be able to sue them for damages as well. In these cases, you may be able to recover damages beyond what workers' compensation benefits provide.
3. Filing a Lawsuit Against Your Employer
If you suspect that your employer deliberately caused your injury, seeking guidance from a skilled personal injury attorney is crucial. They can assess the merits of your case and provide expert guidance on initiating a lawsuit. Keep in mind that establishing intent on the part of your employer is vital for a favorable outcome in your claim.
4. Filing a Lawsuit Against a Third Party
If a third party caused your injury, you may be able to file a lawsuit against them for damages. This can include compensation for medical expenses, lost wages, and pain and suffering. Your personal injury attorney can help you determine if you have a case and guide you through filing a lawsuit.
5. Contacting an Experienced Personal Injury Attorney
If you've sustained a work-related injury and are receiving workers' compensation benefits, it's crucial to have a comprehensive understanding of your legal rights. Seeking the expertise of a seasoned personal injury attorney can assist in evaluating the viability of your case and providing guidance throughout the process of filing a lawsuit. Moreover, they can skillfully negotiate with insurance companies on your behalf, ensuring you receive the rightful compensation you deserve.
West Plains Worker's Compensation Attorneys
Contacting an experienced personal injury attorney can help you determine if you have a case and guide you through the process of filing a lawsuit. If you have been injured on the job and need legal assistance, contact Henry, Williams & Kinder, P.C. today.