When Can I Sue Outside Of Workers Comp For A Workplace Injury?
If you’ve been unfortunate enough to be injured at work, you’re probably under the impression that the only way you can receive compensation is through your employer’s worker’s compensation insurance.
This is true for the most part, but there are a few exceptions where you might be able to sue for damages caused by your injuries.
Worker’s compensation can provide money and benefits to you if you’re injured at work, but temporary disability and permanent disability payments usually aren’t enough.
They fail to compensate for things like pain and suffering, and they don’t provide punitive damages to punish an employer for poor safety controls or dangerous conditions.
That’s why if you’ve been injured at work, you need to understand your rights to bring a case outside of the worker’s compensation program.
If you’ve been injured by machinery at work, here are 5 things to do if you were injured by machinery at work in Georgia.
In the article below, we will discuss a few situations where you might be able to sue outside of worker’s compensation for your damages.
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You Were Injured By A Defective Product
If you’re injured by a machine or piece of equipment that is defective, failed to work correctly, or is inherently dangerous, the manufacturer can be held responsible for your injury.
If the manufacturer knew of the danger and/or didn’t warn the business or employees of the danger, there’s a chance they could be held responsible.
If that were the case, the manufacturer would have to compensate the worker for things like medical bills, lost wages, and pain and suffering.
For example, if you work in construction, your job could entail cutting 2×4’s and similar pieces of wood to size.
One day, while cutting a few pieces of wood to size, the safety function on your saw malfunctions, leaving you with deep cuts in two of your fingers.
You never regain complete function of your fingers after the accident.
In addition to collecting worker’s compensation, you might also have a product liability case against the manufacturer of the saw.
You Were Injured By A Toxic Substance
Toxic chemicals and other substances that workers use could cause severe injuries and illnesses.
Examples of substances that can cause injury or illness are asbestos, benzene, chromium compounds, silica, and radium.
Any substance with the potential of harming you could potentially be the subject of a lawsuit for a “toxic tort.”
There are two general types of toxic injuries; acute injuries that are immediately apparent, and latent injuries that could take years to appear.
Acute injuries could be chemical burns or poisoning. Latent injuries could include cancer or lung diseases.
Because of the time it takes for them to become apparent, latent injuries are more difficult to prove than acute injuries, but still aren’t impossible to prove.
There are success stories of workers bringing lawsuits to court years after the exposure to the toxic substance and winning their case.
Cases with people who suffer from asbestosis or mesothelioma are almost always successful because the causation between exposure to asbestos leading to asbestosis, and mesothelioma has been proven many times.
If a toxic substance injures you, you can usually sue the manufacturer of the toxic substance and any manufacturer of safety equipment that failed to protect you.
You Were Injured By A Third Party
Sometimes when you’re injured at work, it’s not your employer’s fault, the fault of a defective product, or because of a toxic substance.
Sometimes it’s the fault of another person.
If that’s the case, there’s a chance you can sue that person for damages.
Let’s say you drive a company car to make deliveries for clients.
If you get hit by someone who runs a red light while you’re making deliveries, the person who ran the red light will be responsible for your injuries.
You will be able to bring a lawsuit against the driver who hit you, and their insurance company will likely pay your damages without the need for a lawsuit.
Contact The Brown Firm If You’ve Been Injured At Work
If you’ve been injured by a defective product, toxic substance, or a third party at your workplace, you should immediately file a worker’s compensation claim.
Then, you should contact The Brown Firm to see if there’s anything you need to do outside of your worker’s compensation claim.
The Brown Firm will help you determine if you can sue outside of your worker’s compensation claim, and then guide you through the entire process.
They will also take measures to ensure that a similar doesn’t happen to you or your co-workers again.
If you’re ready to let The Brown Firm help you with your case, click the button below.
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