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.