Being injured in the workplace is often a traumatic time that involves lots of factors. One of the main issues you may face is liability. Who is responsible for your injury and how can you receive compensation? Workers’ compensation typically prevents employees from going after employers in a court of law. However, you can still pursue litigation against other parties. In this article, we’ll talk more about liability and who can be held responsible for your work-related injuries.
Why Can’t You Sue Your Employer?
Workers’ compensation is like an insurance program for your employer. It was created to provide benefits and help to those who have suffered a work-related injury. One of the conditions of workers’ compensation is that you forego your right to sue your employer once you use it. This puts you in a sticky situation. You want to accept the benefits from workers’ compensation, but you also want someone to be held responsible for your injuries. At this point, you should be looking closely at your injuries and determining exactly what caused them. If machinery or a substance is to blame, you might have a case.
Defective Products
Products that are not made up to satisfactory standards can be the cause of many different injuries. These defective products were not properly screened by the manufacturer before shipment, therefore the manufacturer is likely the liable party. You may be able to pursue litigation against them by claiming that the company did not warn you that the product was defective and if you have suffered injuries due to their negligence.
Toxic Substances
Most toxic substances are marked to inform workers of their contents and are stored in areas that only trained personnel have access to. However, there are times when toxic substances can injure even the most trained personnel due to unforeseen circumstances. Other times, companies are not aware of the presence of a toxic substance until an employee is injured by it. These lawsuits are called toxic torts.
There is a long list of substances deemed harmful to the human body. Toxic substances cause latent acute injuries. Acute injuries occur instantaneously and have visible signs. Latent injuries may take years to appear and often occur internally. If you have recently had contact with a toxic substance, seek medical help immediately.
Personal Injury
You may still be able to sue your employer in civil court if you can prove that their negligence has caused you personal injury. You can also sue your employer for not carrying workers’ comp insurance.
Hiring a Workers’ Comp Attorney
The right lawyer will be able to help you determine your options when pursuing litigation against your employer. Braker White, a team of Odessa workers’ compensation attorneys, can help you get the compensation you’re entitled to for your work injury. If you or someone you know has recently experienced a work injury, give us a call. We will work to determine your options regarding workers’ comp and liability. We will also be able to provide a short case review free of charge.
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