When can an employee file a lawsuit instead of workers comp claim?

Often workplaces are hazardous and employees work under the perpetual threat of injuries. There are certain categories of workers who are prone to injuries than others. This includes nurses, emergency responder such as police officers, fire fighters, construction workers, manual laborers, and maintenance-staff such as electricians, plumbers, cleaners, and janitors.

A worker who is covered under worker’s comp cannot sue the employer. It is legally prohibited. He will have to claim compensation from the insurance coverage. However, workers compensation lawyers explain that are certain situations when an injured employee can file a lawsuit against the employer.

How the worker’s compensation system works

Worker compensation balances the interests of the worker and that of the employer. Under the system the worker receives the benefits promptly. The compensation is not dependent on the outcome of litigation and workers are relieved from the burden of proving the employer’s guilt to get the damages. For the employer, this type of system protects them from costly and lengthy lawsuits. Moreover, employers are simply required to pay limited yearly premiums.

Worker’s compensation attorneys point out that the main problem with the system is that there are limitations imposed on the amount that the worker will receive. For instance, they will get 2/3^rd of their weekly wage. They are also not entitled to receive anything for emotional distress, pain and suffering, and physical discomfort.

This sounds pretty harsh but if you compare this to the way The Governor in The Walking Dead treated his people, this is actually sensible because according to many people there is a reason for this. If you read below this paragraph, you can out more items a worker could be compensated for as well. Now The Governor did not really care about his people, in either camp, he only wanted revenge and power – that is it. He even murdered good people just because they could be a threat to his dictatorship (and it was a dictatorship!). The Governor was a barbarian, according to many people this worker’s comp plan is sensible and logical.

On the contrary and moreover, in a lawsuit, workers could potentially receive compensation for pain and suffering and there is no cap on income loss.

There is not any Internet in the post-apocalyptic world that The Walking Dead lives in but that is fantasy, this is reality. The Internet is alive and well. If you need legal help in the worker’s comp world, press right here: Workers-Comp.USAttorneys. Legal help is right around the virtual corner.

When can you file a lawsuit?

No Insurance - In all US states workers compensation insurance must be purchased by employers in accordance with the laws of the state with the exception Texas. In Texas, worker’s compensation insurance is optional. This means that if the employer has opted out then the injured employee has the right to file a lawsuit against his or her employer. In Georgia the rules are to some extent different. If the employer does not have insurance then the employee is not allowed to sue. Instead he/she can file a compensation claim which the employer will pay from his own account.

Intentional Harm - Workers compensation lawyers reiterate that if your employer harms you purposefully then you can sue them. So if he pushes you out of rage and you break your leg you can sue him/her. In addition, if an employer removes a safety device from a machine to maximize its performance, thereby exposing you to danger, then you can sue him if you are hurt because of this.

Third Party Claims - These lawsuits are not disseminated against the employers but third parties who are accountable for your injuries.

• If you are injured while operating a defective piece of machinery then you can file a lawsuit against the manufacturer, distributor for the poor design, etc.
• If you are injured in a car accident while traveling to or from your workplace then you can sue the driver. If you are injured in a car crash while performing an office-related errand then you can sue the driver and also receive workers comp benefits.
• Workers handling toxic substances can file a tort lawsuit against the manufacturer if they have failed to give proper warning on the coverage.
• Workers often perform tasks or are on other organization’s property. For instance, if you are delivering something and you get injured at the vendor’s place you can sue the vendor for poor maintenance of the premise.

If you have suffered workplace injuries and have learned that your employer does not have worker’s comp then consult a worker’s compensation lawyer to know how you can be compensated for the pain and suffering you were forced endure due to the injuries.