Usually, employees cannot sue their employers for on-the-job injuries. In these situation, the employee’s claims are limited to Workers’ Compensation protections. However, there are time when you can sue your employer for personal injuries, but it’s important to consider the specific legal framework and laws that apply in your jurisdiction. Here’s an overview of when you might be able to pursue legal action against your employer.
Workers’ Compensation
In all states in the United States, you generally cannot sue your employer directly for an injury if workers’ compensation is available. Instead, you will need to file a workers’ compensation with your employer’s insurance carrier or the state agency responsible for Workers’ Compensation. Workers’ compensation typically covers medical expenses, lost wages, and sometimes disability benefits.
Exceptions to Workers’ Compensation
In some cases, however, you may be able to sue your employer for on-the-job injuries even if you’re eligible for workers’ compensation. These exceptions can include:
- Serious or willful misconduct: If your employer intentionally or recklessly caused your injury, or if their actions were grossly negligent, you might be able to pursue a personal injury lawsuit outside of the workers’ compensation system.
- Defective Equipment or Hazardous Working Conditions: If your employer violated safety regulations or failed to provide a safe working environment, leading to your injury, you may be able to sue.
- Third-party liability: If a third party (someone other than your employer or co-workers) caused your injury, you might be able to sue that third party. For example, if a contractor or another company’s negligence led to your injury, you could pursue a claim against them while still receiving workers’ compensation.
Serious or Willful Misconduct
You may also be able to file a personal injury lawsuit against your employer if the injury was the product of the serious or willful misconduct of the company or one of their agents, managers, or supervisors. In these situation, you should contact an attorney who is an expert in personal injury law in the state where you live, such as a Nassau County personal injury lawyer in New York.
What is Serious or Willful Misconduct?
“Serious or willful misconduct” refers to behavior that is intentionally harmful, reckless, or grossly negligent in nature, often done with knowledge of the potential risks or consequences. It typically involves actions that go beyond ordinary negligence and could be considered deliberately harmful or grossly careless. In the context of workplace injuries, if your employer engages in such conduct, it could allow you to pursue a personal injury lawsuit outside of the workers’ compensation system.
Types of Serious or Willful Misconduct
Intentional Harm:
The employer intentionally causes harm or injury to an employee. For example, if an employer physically assaults an employee or knowingly puts them in harm’s way, that would be considered willful misconduct. Example: If an employer directly instructs or forces an employee to work under unsafe conditions, despite knowing the dangers.
Recklessness:
The employer shows a complete disregard for the safety or well-being of the employee. This might involve an employer being aware of hazardous conditions but continuing to allow them to exist without addressing the risks. Example: An employer deliberately ignores safety protocols or knowingly uses defective equipment, creating a dangerous working environment.
Gross Negligence:
Gross negligence involves a severe lack of care or consideration for the safety of others, to the point that it’s almost like a deliberate disregard for the consequences of actions. It’s more than just ordinary carelessness. Example: If an employer is aware of a serious safety hazard, such as exposed electrical wiring or toxic fumes, but fails to take reasonable action to correct it, this could be considered gross negligence.
Repeated or Patterned Behavior:
In some cases, willful misconduct can involve a pattern of behavior where an employer continuously ignores safety standards or engages in practices that lead to harm, knowing the risks involved. Example: An employer who repeatedly forces workers to work excessive hours in unsafe conditions, despite knowing that the employees are at risk of harm.
Defective Equipment or Hazardous Working Conditions
If an on-the-job injury is due to defective equipment or dangerous working conditions that the employer failed to address, you might have grounds for a lawsuit. This could apply if your employer failed to repair faulty machinery or expose you to known hazardous conditions.
Examples of defective equipment may include faulty machinery, defective power tools, improperly maintained equipment, defective or outdated personal protective equipment (PPE), or defective vehicles.
Examples of hazardous working conditions may include poor lighting, inadequate ventilation, exposure to hazardous chemicals, unsafe working heights, and lack of safety training.
Third-Party Liability
Third-party liability refers to the legal responsibility of someone who is not your employer (i.e., a third party) for causing harm or injury to you while you’re at work. In the context of workplace injuries, third-party liability arises when someone other than your employer or coworker is responsible for the accident or harm.
While workers’ compensation typically covers injuries that occur during the course of your employment, you might still be able to pursue a separate lawsuit if a third party is at fault.
Steps to Take
- Report the injury: Immediately inform your employer of the injury, regardless of whether you’re filing for workers’ compensation or preparing for a lawsuit.
- Seek medical treatment: Obtain the necessary medical care and keep all records related to your injury.
- Consult an attorney: Speak with an attorney who specializes in employment law or personal injury to understand your rights and evaluate your specific case.
Conclusion
The process can vary depending on your location, so it’s important to consult a legal professional who can guide you through the process and determine whether you have a valid claim.
