Exclusive Remedy: When can a personal injury lawsuit be filed against an employer?

The term exclusive remedy is applied to workers’ compensation claims because the employee under the state laws cannot file a lawsuit against an employer even when the employer’s actions are egregious. In lieu of this a worker is expected to collect workers compensation benefits for the injury.

However, certain exceptions are granted in the event the employer causes harm with malicious intent. Workers compensation lawyers also explain that an employee cannot sue a co-worker. Have you seen the show The Shield? Even Vic Mackey could not sue Shane Vandrell who was his co-worker, fellow police officer, for being a fool, a traitor, and so on. Vandrell screwed up so many times it cannot be fathomed but Mackey could never sue him for costing them so much.

However and moreover, the terrific news is that even when it was the worker’s fault that caused the accident he or she will obtain the benefits.

It is important to note here that personal injury lawsuits are not entirely ruled out in state laws. There are certain circumstances where lawsuits can be issued against parties. For example, if an employee is injured while on the premises of another business or due to the actions of a person who is not a co-employee.

If you need legal help in this regard, if you have a worker’s comp claim you need to go right here: Workers-Comp.USAttorneys. This website may be the best website you ever use. It may just save your life!

When can employees file personal injury lawsuits?

Personal injury lawsuits are allowed when an injury is caused by the negligence of a third party. Lawsuits can be filed against a person who is neither the employer nor the co-worker. According to worker’s compensation laws if the employer hurts the employee intentionally then he can sue the employer although such cases are rare.

A majority of states make workers compensation mandatory. However in a few states workers comp is optional for employers. In those states workers can sue the employer if he or she has opted out. In a handful of states, workers have the right to choose between workers comp and a lawsuit.

However third party lawsuits are tricky in some states. The jury finds it difficult to determine if harm is caused by a third party. This is because in some states workers are treated as co-employees of multiple employers. It would be prudent to speak with a worker compensation attorney to know the rules of your state.

Types of Personal Injury Cases

Third Party Suits - If a third party injures a worker in the premises of the employer a third party suit can be brought. For example, a contractor repairing the roof may cause a tool to slip and land on the head of worker standing below.

Product Liability Suits - These suits are filed against manufacturers, installers, or distributers of products that have injured a worker due a faulty assimilation or defective spare parts. Often times if the manufacturer failed to provide proper warnings then such suits can become justified.

Injury that happened in another premise - If a worker is injured while performing a job in another facility he or she can sue the owner of the facility. Similarly, if a delivery truck injures a worker in his factory, the worker can sue the driver and claim compensation via workers comp.

Intentional Torts - These are issues by employees who have been harmed intentionally by the employer. In the above example with The Shield, Vic wanted to more than harm Shane but that is another topic and what Shane did, most people would have justified it. Workers compensation lawyers explain that if the employer hits an employee injuring him then he can sue. However, if the employee acts with indifference creating a hazardous workplace, the employee cannot sue. Every situation is different. If you are in the wrong, being callous, or being obtuse, you are putting yourself in a tough spot – employer or the employee.   

If you have suffered workplace injuries that have set you back financially, make sure to consult a workers’ compensation lawyer as soon as possible. There are times when stubborn insurance companies deny legitimate workers’ comp claims due to which you can lose critical benefits including medical and financial assistance. And those bills continue to come in and you have to eat! Even gross McDonald’s is not free!