Suing Outside Of Worker’s Compensation For Workplace Injury – Know The Situations

Suing Outside Of Worker’s Compensation For Workplace Injury – Know The Situations


Workplace injuries are quite common. Your injury may be a minor cut or a major injury that can make you permanently disabled. Most workers are contended with the workers’ compensation insurance. You should know that in some situations you can sue outside workers’ compensation. Do you want to know what the situations are?

When can you sue outside of workers’ compensation for damages incurred due to injuries?

  1. Injury due to defective parts – If the cause of your injury is defective parts and not the negligence of your employer or another employee, you can sue the manufacturer of the product. Here is an example – A firefighter was wearing protective clothing while fighting fire in a house. A part of the protective clothing caught fire because it was susceptible to fire due to manufacturing defects. He suffers from third degree burns. In this situation, he can sue the manufacturer of the protective clothing.
  2. Toxic substances – If you were exposed to toxic substances during work it can affect your health and can result in injuries. The most common toxic substances are asbestos, silica, radium and benzene etc. The injury suffered from toxic substance can be either toxic or latent. Toxic injury refers to burns and poisoning resulting from exposure to chemicals. Latent injuries refer to cancer and respiratory diseases etc. Latent injuries may be difficult to prove but a competent lawyer will be able to win the lawsuit and get compensation for you.
  3. Employer’s egregious conduct – When an employer engages in egregious conduct and if this is the reason for an employee’s injury, he can sue the employer outside of worker’s compensation.

Example – Mr. X was a worker in a fast food restaurant. The fryer was not functioning properly. The workers complained to the employer that it spilled hot grease in the air. The employer just did not lend an ear to the complaints. One day, Mr. X was frying French fries. The fryer exploded and hot oil spilled on his face. His employer told him he will be compensated from the worker’s compensation. Mr. X hired an attorney and he got compensation for the egregious conduct of his employer.

  1. Employer’s failure to carry Worker’s Compensation Insurance – It is legally mandatory for all employers to carry Worker’s Compensation Insurance. If an employer fails to carry Worker’s Compensation Insurance, an injured employee can sue his employer. The injured employee gets compensation for medical bills, lost wages and pain. If the employer’s negligence in proven, the employee can also get punitive damages.
  2. Third party injury – You are injured at work but the reason for the injury is a third party and not your employer or co-worker. In such a situation you can sue the third party to get compensation for injuries.

If you suffer from any injury in workplace, you should find if you are eligible to sue outside worker’s compensation. You should contact injury at work lawyers to know about your situation and get full compensation. You should choose a dedicated lawyer or law firm to sue outside worker’s compensation.