When it comes to the relationship between an employer and their employee, things are usually great for a while. In the event that things go wrong, however, it is important that you know what your rights are as an employee. The law sees this relationship and does its best to keep all parties involved covered and rights protected.
So, if you are injured at work and your employer is at fault, what are your options? Are you able to file a negligence lawsuit against them? The short answer is no. Let’s take a closer look at what you need to know about your rights and seeking financial repayment for workplace injuries.
Suing Your Employer for Negligence
If you are injured at work and the accident was your employer’s fault, suing your boss for your medical expenses may seem like the logical thing to do, but it isn’t necessarily the right answer. Most states across the country have workers’ compensation laws in place that were made specifically to help employees seek compensation after a workplace injury.
Because of the workers’ compensation system, you cannot sue your lawyer unless the negligence was intentional. Businesses have workers’ comp insurance set up to cover employee injuries and it protects them from having to deal with lawsuits.
Workers’ Compensation
Workers’ compensation was designed to keep the employee and employer protected. In order for an employee’s accident to be covered, there are some strict rules that must be followed. First and foremost, the injury has to occur while the employee was following their company’s rules. However, if not, they may not be eligible for financial help.
If you work in a factory and one of the safety rules is that protective eye gear must be worn at all times, then you need to be sure to wear them. If you aren’t wearing them and a large piece of metal is lodged into your eye socket, then you are on the hook for your own negligence.
When Can You Sue Your Employer for Negligence?
Generally speaking, in most cases, you cannot sue your employer for negligence. However, here are a few circumstances in which you may be able to file that lawsuit:
- Your employer is without workers’ compensation insurance
- Your employer hurt you intentionally
- You are not technically employed by the company
Returning to Work Following an Accident
If you suffered severe injuries at work, returning to work can feel overwhelming. In order to claim worker’s comp benefits, it is important that you return when your doctor releases you. Otherwise, you may miss out on the workers’ compensation benefits.
Getting Legal Help With Your Case
Workplace injuries that leave you missing shifts are expensive in multiple ways. Not only do you have medical expenses you weren’t expecting but now you are several days short on your paycheck. If you were hurt at work and are in need of assistance with your medical bills and missed wages, a work injury lawyer can help.