When You Can Sue Outside of Workers’ CompensationAdmin2021-07-29T09:38:36+00:00
When You Can Sue Outside of Workers’ Compensation
Contact a Workplace Injury Lawyer Today
You work hard in your construction job. Over the years you have attained the expertise and experience to do the work effectively, efficiently, and safely. You follow the rules designed to protect you and your co-workers on the job. But when it comes to workplace safety, your company and other entities involved in the project have a role to play.
If you have been injured on the job, then you will be eligible for workers’ compensation insurance. Workers’ comp insurance pays the medical costs associated with an injury. You will also receive other benefits to help keep you afloat while you are out of work. Companies retain workers’ comp insurance to avoid being sued by injured employees. However, there are instances in which you can still file a lawsuit for injuries sustained on the job.
If you go this route, you should first hire an attorney with knowledge of personal workplace injuries. It will not be easy to go up against your company or any other corporate entity that is responsible for the harm done to you. A Los Angeles personal injury attorney is the only professional qualified to represent your interests.
When You Can Sue
In general, employees who receive workers’ compensation are prohibited from suing their employers. Here are some of the exceptions to this rule:
You were injured by a defective product
You were harmed by the spill or leakage of a toxic substance
You were injured by intentional misconduct on the part of your employer
Your employer does not carry workers’ comp insurance
You were injured by a subcontractor of supplier on the site
Workers’ comp payments are quite low. The program does not cover pain and suffering. And if you were injured because of reckless and egregious conduct on the part of your employer, workers’ comp does not provide the punitive damages that you deserve.
You should keep your options open after your injury. Hiring legal representation will give you a broader understanding of your rights and aggressively represent your claim to get the money you need to pay your bills and rebuild your life.
Filing a Defective Product Lawsuit
As part of your job, you will need to work with a variety of machines and tools. Many of them are high-powered and heavy. All such machines should be thoroughly tested before they are sent to the field for use. They should be perfectly safe for workers to operate. Unfortunately, this is not always the case. In a rush to get products to market and make a profit, some companies do not carry out the proper safety checks. Nor do they warn potential users of the dangers they may be exposed to. If you have been injured while using such a device, you can sue the manufacturer.
You can also sue other companies in the supply chain. If it is found that the distributor of the device knew of the defect, then you can sue them as well.
Toxic Substance Injuries
These are very dangerous injuries. They can be painful and cause a lifetime of health problems. It is possible for people to work around toxic substances without endangering themselves. If the right personal protective gear is worn and the right measures are taken to mitigate the hazard, then it is possible to work in a space that contains toxic substances. But when these measures are not taken, there is an increased risk of an accident.
Asbestos, benzene, silica, radium, and chromium compounds are among the chemicals and substances that can cause severe injuries and illness. The spillage or leakage of such substances can lead to chemical burns and poisonings. They can also lead to illness that develop over time such as cancer and lung disease.
A spill or explosion can cause permanent disfigurement or can damage internal organs that can lead to permanent disability. Treatment for these kinds of injuries can be extensive and complex. You may need to spend months in a special intensive care ward and undergo a variety of procedures to save your life. Even when you are ready to be released, your life may never be the same. You may have to give up your livelihood altogether. You may also need to hire a permanent carer to look after you.
Such a life-altering event can be traumatic. It will also be expensive. You are probably not in a position to deal with costs of a toxic substance accident. That is why you should hire a lawyer to help you build a case against the company responsible for the accident and your injuries.
Holding Third Parties Accountable
Construction projects are complicated undertakings. You may be required to work with other vendors and contractors to complete the project. Although your company maintains a high standard for safety, others may not be as careful. If you are injured by the employee of another company or an independent contractor, you can sue them for compensation.
You can also hold suppliers that work directly for your employer accountable for negligence or recklessness. It is an unfortunate fact that many suppliers hire people with very little experience on construction work sites. To save money, they will often employ people with the most basic qualifications and will not bother to put them through a training and indoctrination course so that they know how to conduct themselves on a busy worksite. You should not be made to pay for such an oversight. In fact, you should sue the vendor that failed to properly train workers before sending them to a construction site.
Your Right to Adequate Compensation
Filing a lawsuit outside of your workers’ compensation is not about revenge or greed. No one with a serious injury can get by on workers’ comp alone. And if corporate officials did not do all that they could to prevent a workplace injury, then they should be held accountable. You have a right to adequate compensation. An employment accident attorney in Los Angeles can help you get it, and review your legal options.
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