If you have been injured at work, you will be wondering what further action you will be able to take. It’s possible that you will be angry at your employer because you believe that their negligence caused the accident to take place.
While you’ll almost certainly be able to make a workers’ compensation claim after your injury, it’s unlikely that you’ll be able to sue your employer. This is because they are typically protected from direct legal action when they have workers’ compensation in place. However, there are certain exceptions to this rule. The following are some examples of times when you may be able to sue your employer for a work-related injury.
When battery or assault occurs
If a person in your workplace injures you or attempts to injure you intentionally, you may be able to sue them or your employer for assault or battery.
When you are a victim of intentional infliction of emotional distress
If you are sufferings severe emotional damage due to a person in the workplace traumatizing you through the intentional infliction of emotional distress, you have the option to sue your employer.
When you are not protected by workers’ compensation
In certain situations, for example those impacted by maritime law, workers’ compensation coverage will not apply. Therefore, they may be able to sue their employer instead to gain back damages for the injuries caused.
If you have recently been injured at work and you want to know your options for gaining the compensation that you deserve, it is important that you take the time to understand how the law applies to your situation.