Workers' compensation laws protect your employer from facing lawsuits from injured workers. However, this does not mean that you cannot file a lawsuit against anyone else for your injuries. Here are some scenarios in which you and your workers' compensation attorney can file a lawsuit for your injuries.
Whether your injuries were immediately apparent or they were the result of years of exposure to toxic substances, you could potentially file a lawsuit against the manufacturer of the substance.
One of the most well-known cases of suing for exposure to toxic substances are the asbestos-related lawsuits. Workers around the country who developed illnesses after years of exposure to asbestos have successfully won claims against major manufacturers.
It is very important that you have a workers' comp attorney on your side. Proving that your illness was the result of exposure to toxic substances will be difficult. The manufacturers could argue that your injuries are from other things including exposure to other environmental factors.
Most states have laws that require employers to have workers' compensation benefits if they meet certain criteria. For instance, a state might require it for employers with more than 20 employees. If your employer does not have coverage, for whatever reason, you can file a lawsuit against it.
To be successful in your case, you will need to show that you were injured on the job and that the employer was negligent. You also have to show that your injuries directly resulted from the negligence.
Another instance in which you can possibly file a lawsuit after an injury in the workplace is if you were hurt from using a defective product. For instance, if you are a welder and the torch you used was not properly designed and you were burnt as a result, you possibly have a lawsuit situation.
To prove that a product caused your injury, you will have to show that the manufacturer's product had a design flaw or that the flaw was one that they should have been aware of by the time you were hurt.
It is important to note that if you choose to sue someone outside of your employer for injuries in the workplace, you can still file for workers' compensation benefits.
To truly get an understanding of your benefits, you need to talk to a workers' comp attorney. Be sure to provide your attorney with all of the information concerning the accident and why you feel another party is negligent. Contact a firm such as Crowley Ahlers & Roth Co LPA for more information.Share
3 December 2014
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