Experiencing a workplace injury can be stressful and overwhelming, leaving employees wondering about their legal options. Many workers assume that workers’ compensation is their only recourse, but in some cases, they may have the right to sue their employer.
Typically, workplace injuries are managed under worker’s compensation laws. However, there are certain situations where an employee may find that their injury results from intentional wrongdoing. In these instances, the affected employees could have grounds for filing a legal claim.
When and when not workers’ compensation applies
Workers’ compensation is a form of insurance that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. It ensures that workers receive compensation regardless of fault.
In general, workers’ compensation laws help to provide a layer of protection for employers against lawsuits filed by employees. However, these laws do not cover every conceivable situation where an employee may experience injury while on the job.
If an employee sustains an injury and has reason to believe that their employer acted with the intent to cause that harm, the employee may pursue a lawsuit for what is known as an intentional tort. A tort refers to a wrongful civil act that inflicts harm upon another individual, for example
- Battery: An employer intentionally causing physical injury to an employee’s body.
- Assault: The attempt to commit battery, or making a threat of battery
- Fraud: An employer provides false information that ultimately leads to injury
Facing a workplace injury claim can be a challenging process, particularly when it comes to navigating workers’ compensation laws. If you find yourself uncertain about your rights or potential legal options, consider seeking legal guidance to clarify your situation and assist you in finding the best path forward.
