Learn More About Suing an Employer for Injury

In most instances, employees cannot sue their employers for work-related injuries. However, there are a few exceptions. Knowing those exceptions can help you greatly if you feel you may have a case for a work-related injury claim. While employers are typically immune from personal injury claims, their immunity is not absolute. The following are situations where you may be able to sue an employer:

The Employer Intentionally Caused Your Injury – In several states, if you can prove that an employer deliberately caused an injury, you can seek full compensation for any injury-related losses.

The Employer Denied a Workers’ Compensation Claim in Bad Faith – In some states, a bad-faith denial of workers’ compensation benefits offers grounds to sue an employer. However, you may need to exhaust other avenues, such as filing an appeal with your state’s workers’ compensation board, before filing a lawsuit in court.

The Employer Manufactured the Product That Injured You – If you were injured in an accident that resulted from a defective product manufactured by your employer, you may be able to sue your employer under the pretense of product liability.

The Employer Has a Relationship with a Contractor or Subcontractor – If you suffered your injury in an accident that involved a contractor or subcontractor, your employer could ultimately be liable based on its business relationship with them.

It’s important to remember that workers’ compensation laws vary between states. To find out if any of these exceptions apply to your personal circumstances, it behooves you to turn to skilled legal counsel. A knowledgeable workers' compensation attorney can examine the details surrounding your situation and let you know what you can do to keep moving forward. If you’re looking into suing an employer for injury, the team at the Law Offices of James P. Hoffman can determine if you may be entitled to take legal action.