In most cases, if you have been injured on-the-job you are barred from suing your employer. This is due to the fact that most businesses have workers’ compensation insurance to cover any injuries sustained by employees. Workers’ compensation insurance protects employers from getting sued by their employees, and it also benefits workers. All 50 U.S. states have either federal or state workers’ compensation laws in place, preventing individuals from filing regular lawsuits in pursuit of damages from a workplace injury or illness. With this in mind, it is important to take note of the few exceptions to this rule listed below.
When You CAN File a Lawsuit
As mentioned, workers’ compensation laws are in place to protect employers and ensure injured employees receive some sort of compensation, should they sustain an injury or illness while at work. However, there are a few exceptions to this. You may be able to file a lawsuit against your employer if:
- You can prove that your employer intentionally caused you injury. In order to sue for intentional harm, your employer must have done something with the specific and plotted intention of causing you harm. An example of this would be a superior punching an employee or acting negligently with the intention to harm. These cases are not black and white, in fact, there is a pretty substantial gray area that only an experienced McKinney personal injury lawyer will be able to help you better understand.
- Your employer does not carry workers’ compensation or has insufficient workers’ compensation insurance. It is important to note that Texas is the only state in the United States that allows businesses to opt out of workers’ compensation insurance. In other states, it is not uncommon for businesses to carry insufficient workers’ compensation insurance, providing an opportunity for employees to sue for their injuries. If you have been injured on-the-job in Texas and learn your employer does not carry workers’ compensation insurance, we encourage you to contact Wormington & Bollinger right away so we can get started on your case.
Learning that you are eligible to sue your employer for injuries outside of workers’ compensation is just the beginning. As you can imagine, these cases are relatively complicated and require the help of an experienced McKinney lawyer with an excellent reputation. In the event you are able to take legal action against your employer, you may be able to pursue compensation for lost wages, reimbursement for medical treatment, and punitive damages for any permanent impairment. In some cases the compensation you will receive will be a sum of money well above the amount of actual damages you have faced, it will simply depend on the circumstances surrounding the case.
Due to the complicated nature of these types of cases, it may be in your best interest to contact Wormington & Bollinger right away so we can go over your case with you. Because Texas is the only state that does not require employers to carry workers’ compensation, we see more lawsuits brought against businesses than in any other state. To learn more about your rights in the event you are injured at work, please contact us today.