Can you sue your employer after a work injury?
Being injured on the job is a frightening experience. Not only are you left in a situation where you must care for yourself and attend to your medical treatment, but you’re also racking up stacks of bills.
Workers’ compensation is a form of mandatory insurance that is meant to protect individual employees in these challenging situations. The idea is that employers with at least a certain number of employees must pay for workers’ compensation insurance. If a worker is injured on company property or time, they will be entitled to a payout from this insurance.
The tradeoff for employers is that (in most cases), if an employer accepts a workers’ compensation payout after an accident and subsequent injury at work, that employee cannot sue their employer.
Are there exceptions? Yes, in some cases.
What if You Were Wrongfully Denied Workers’ Compensation?
Again, in nearly all cases where an employer offers workers’ compensation insurance and an employee accepts a workers’ comp payout after an at-work injury, suing the employer is not an option. This is the employer’s benefit for offering this coverage and protection to their employees.
Things change if an employee is injured, but their workers’ compensation claim is not accepted. It is not uncommon for injured employees who have fulfilled the application requirements for workers’ compensation to receive a denial of their claim. Why?
Insurance companies (and often employers) will have their reasons, typically outlined on the denial forms. Sometimes, these reasons will be legitimate, and other times, they will be unreasonable and an attempt to avoid a payout or settlement.
The bottom line in these situations is that employers and insurance companies do not want to pay out insurance claims to employers. You should know this from the very start if you ever find yourself in this situation, but few employees realize it until it’s too late.
Once you understand that it is infrequently in your employer’s best interest or their insurance company’s best interest to pay out your workers’ compensation claim, things may become a little clearer.
When an employee is wrongfully denied their workers’ compensation claim (and all other options have also been exhausted), this may be a situation in which the employee can sue their employer.
Are There Other Exceptions?
Rarely, other situations may allow employees to sue their employer over workers’ compensation. For example, you could sue your employer if you were falsely imprisoned, if your privacy was invaded, if you were physically assaulted and injured, or if an employer lied about you or slandered you.
Contact a Workers’ Compensation Attorney Today
Are you interested in learning more about your workers’ compensation rights or suing your employer after a denied claim? Contact the Law Offices of Hussain & Gutierrez today to meet with us. We would be happy to discuss your case with you.