Injured on the Job? 4 Ways to Know If You Have a Case

Often when a worker is injured on the job, they are told by their employer that they will be unable to receive compensation for one reason or another. The employer’s main priority, of course, is to make – or save – as much money as possible and often an employee’s workplace injury is simply a hurdle to that ambition. Thus it is vital that, as an employee, you are aware of your rights past simple workers’ compensation insurance.

While workers’ compensation insurance does provide some benefits, these benefits are often greatly outweighed by the actual pain suffered by the worker. And with insurance, employers are not actually held liable for the dangerous conditions in which their injured worker might have been placed in. Knowing this, there are four distinct ways in which an employee will have a case and be able to reap damages caused by the workplace injury.
Product Defect
First, if you are injured by a product that is defective, you will have the opportunity to bring legal action against the manufacturer of the product on the grounds of product liability. Manufacturers, suppliers, retailers and distributors are held responsible for the harm their products cause due to defect or failure to warn.
Employer Conduct
Second, if you are harmed because of “egregious or intentional” conduct by your employer, you may have a case to sue said employer for personal injury, which can help you reap damages – such as medical expenses – and lost wages caused by the injury.
Toxic Substances
Third, if you are hurt by a toxic chemical, there is specific sort of personal injury lawsuit called toxic tort in which you can sue for being exposed to the toxic substance that causes disease or other injuries. Mercury, asbestos and pesticides are very common chemicals that exist in workplaces and can cause injury due to their toxicity. If you are suffering from something like asbestosis, this is an area in which you will want to look into, especially since injuries can be latent – that is, appearing after many years without symptoms. A firm like the one run by Tony Zuber & Paul Brioux can help sort through the complications of such a case.
Lack of Insurance
Finally, if your employer does not have workers’ compensation insurance for whatever reason and you suffer an injury on the job, you may have a case and be able to collect damages from your employer or a designated fund controlled by the state in which you reside.
Important as always, be knowledgeable of your rights and seek help wherever you can.