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Suing your employer after a workplace injury

On Behalf of | May 8, 2017 | Workers' Compensation |

Imagine that you suffered an injury at work when you tripped over an object left in the middle of the shop floor. If you were simply walking, on your way to the break room, and tripped over a box left in the walkway, you would file for workers’ compensation. Your employer and the insurance company would more than likely approve your claim and you would receive compensation for your injuries. What if someone else was directly responsible for the accident? What if your boss actually pushed you, causing you to trip?

In general, when you accept workers’ compensation benefits, you surrender your right to sue your employer for additional damages. However, in certain circumstances, exceptions might exist that allow you to take further legal action. An experienced attorney in the St. Paul area can help you file a suit and get the compensation you deserve. Read further to find out more about circumstances where you can sue your employer after an injury.

Intentional torts

If you suffered an injury at work that was intentionally caused by your employer, you might be able to sue. When you bring an intentional tort suit, you can sue for your injuries, both physical and emotional.

Examples of common torts include battery, assault, fraud, and defamation. If your employer has been subjecting you to emotionally damaging conduct, you might be able to sue for intentional infliction of emotional distress.

Third party fault

If you were injured due to the actions of a third party, you might be able to sue that individual or business. For example, if a machine malfunctioned due to faulty manufacturing, you might be able to sue the maker.

Suing for denial of benefits

If your employer or the workers’ compensation insurance provider denies your claim, you may be able to file a lawsuit challenging the decision. This process can be complicated due to the administrative process. Usually, there are certain steps that you must complete in order to appeal the decision before you can legally file a lawsuit.

The circumstances of your injury will determine whether you should file a workers’ compensation claim or a civil action. In order to make the determination, you should consult an experienced personal injury attorney with workers’ compensation experience. For help with your case, reach out to an attorney in the St. Paul area and start on the road to recovery today.

Source: Nov. 30, -0001