31 Oct CAN I SUE MY EMPLOYER FOR A WORK INJURY?
Posted By Gruenberg Kelly Della || 31-Oct-2017
When employer’s provide workers’ compensation, you are mostly barred from suing your employer for a work injury. Worker’s compensation is usually your “exclusive remedy” for all work-related accidents, but there are exceptions to the rule. Below are some limited circumstances in which you can file a lawsuit against your employer in civil court:
- Your employer intentionally hurt you: If your employer took action with the intent of harming you, you may be able to sue them for intentional harm. It can be as simple as a punch to the face or a kick to the back. However, it has to be intentional because carelessness, no matter how extreme, does not count as intentional.
- Your employer either doesn’t have workers’ compensation, or doesn’t have a sufficient amount: Unless you live in Texas, your state mandates employers to have workers’ compensation. However, many employers break the law and don’t carry workers’ compensation or they have very weak insurance plans. If this is the case, you can file a lawsuit against your employer to recover damages from you work injury.
If you are eligible to file a lawsuit against your employer, you’ll be able to receive compensation not only for lost wages, medical treatment, and permanent impairment, but also for pain and suffering and punitive damages. Punitive damages can be a large amount of money if the negligent behavior from your employer is especially egregious.
Filing a personal injury lawsuit against your employer is fairly complex and should never be tackled alone. If you have been injured in the workplace, please contact our Long Island personal injury lawyers at Gruenberg Kelly Della today. We have the experience and legal skills to recover maximum compensation on your behalf.
Call (888) 305-6372 or contact us online to speak with a representative. We have offices located in Brooklyn, Jericho, Huntington, Riverhead and Ronkonkoma.