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Workplace Injury

Personal Injury in the Workplace and When to Sue

October 11, 2012 | Michael Barasch

Most people think that if they’ve been injured on-the-job, they can only collect from workers compensation. While true in some cases, there are exceptions to the rule that enable injured employees to sue for further damages.

  • You may file a products liability suit if you were injured by a defective product
  • If a machine you use injures you because it is defective, dangerous, or did not operate correctly, you can sue the manufacturer of the machine.
  • You might be able to file a toxic tort suit against the manufacturer of a toxic substance. Lawsuits can be brought if you were exposed to asbestos, radium, silicon or other toxic substances
  • If your injury was the result of your employer’s intentional, flagrant conduct, you may file a personal injury claim
  • You may be entitled to file a personal injury suit if you were injured by a third party, such as a contractor, subcontractor, on-site engineer, etc.
  • If your employer does not carry workers compensation insurance, you can sue the employer in civil court

Why you may need a civil suit

If you’re injured, workers compensation can supply you with money and some benefits, but the pay is very low for temporary or permanent disability and doesn’t include money for pain or suffering. Workers compensation does not inflict punitive damages on an employer who violates safety laws.

Injured workers must realize they may have the right to sue beyond the workers compensation system. You may also file for Social Security Disability benefits if your injury prevents you from working.

If you don’t know your rights, you won’t be adequately compensated for an on-the-job injury. That’s why it’s important to contact us if you get hurt at work. We have the expertise and experience to get you the compensation you deserve for your injury.

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