Being injured at work can be a difficult and stressful experience, mainly if you rely on your paycheck to make ends meet. Thankfully, the workers' compensation system was implemented to provide financial assistance to employees who sustain a work-related injury. Workers' comp provides medical and wage benefits that can help an employee to make ends meet while receiving medical treatment. However, many people wonder if they can pursue a personal injury case against their employer in addition to accepting workers' compensation benefits.
Can You Pursue a Personal Injury Lawsuit Against Your Employer?
In most cases, the answer to this question is no. Workers' compensation is usually the exclusive remedy for employees who sustain work-related injuries. This means they cannot file a lawsuit against their employer for personal injury. Workers' comp is a no-fault system, so employees do not need to prove that their employer was negligent to receive benefits. Additionally, workers' comp benefits are usually less than what an individual could recover in a personal injury lawsuit, so allowing both options could result in double recovery for the employee.
When Can You Sue Your Employer for a Work-Related Injury?
There are a few exceptions to the exclusive remedy rule. If an employer intentionally causes harm to an employee, the employee may be able to file a personal injury lawsuit. This means that if an employer knew that a particular activity was likely to cause injury but still required the employee to engage, the employee may be able to file a lawsuit. Additionally, if a third party caused an employee's injury while on the job, the employee may be able to file a lawsuit against that third party.
What Should You Do if You Think You Can Sue Your Employer?
If you believe you could have a potential lawsuit against your employer, speaking with an attorney experienced in workers' compensation law is essential. They can evaluate your case and help you determine if you have a viable one. Additionally, they can help you navigate the complex legal process and ensure you receive the compensation you deserve.
Columbus, Ohio's Worker Compensation Attorneys
At Zamora & Hogan Co., L.P.A., we have years of experience helping clients navigate the complex workers' compensation system. Contact us today at (614) 344-6822 to schedule a consultation and learn more about how we can help you.