When you’re injured on the job, most cases are handled through workers’ compensation – a benefits system designed to cover your medical expenses and lost wages without requiring you to prove fault. This system is intended to streamline recovery for work-related injuries, but it also limits your ability to sue your employer for additional compensation, even if the accident was due to workplace negligence.
However, there are situations where a job-related injury may cross the line into something more: cases where a lawsuit may be appropriate instead of or in addition to a workers’ compensation claim. Understanding when a workplace injury becomes grounds for a separate lawsuit is crucial for making sure you aren’t missing out on the full compensation you deserve.
When a Workplace Injury Becomes a Personal Injury Case
Sometimes a workplace injury isn’t just a workers’ comp issue – it could be a personal injury case if outside parties or circumstances are involved. Here’s how this could work:
Third-Party Liability
If a company or individual who is not your employer – like an equipment manufacturer, delivery driver, or subcontractor – was responsible for the accident, you may have a personal injury claim. For example, if a construction worker is hurt after a scaffold collapses due to a defect, they could pursue a lawsuit against the manufacturer or contractor responsible for supplying or maintaining the equipment.
Employer Intentional Misconduct
Workers’ compensation does not cover cases where an employer intentionally harms an employee. If you can prove that your employer’s actions went beyond negligence and were deliberate or extremely reckless, you may be able to file a personal injury lawsuit. These cases are rare and have a higher burden of proof than standard workplace accidents.
Toxic Exposure or Dangerous Substances
Injuries or illnesses from long-term exposure to harmful chemicals or unsafe products at work – like asbestos, toxic fumes, or hazardous dust – may lead to lawsuits against the manufacturer or supplier of those materials. If your illness was caused by a third party and not your employer, you may have a claim.
Premises Liability on Work Sites
Workplace injuries that happen on another company’s property, such as a client’s premises or within a leased building, may make the property owner responsible. If the property was kept in an unsafe condition and that led to your injury, a premises liability lawsuit may be appropriate.
Defective Equipment or Machinery
If you’re injured because of malfunctioning equipment, a missing guard, or another product defect, you may be eligible for compensation from the company that designed, made, or distributed the unsafe equipment. Recognizing how your work injury happened and who might be to blame is essential for getting the full support you deserve.
If you think your workplace accident may fall into one of these categories, speak to a knowledgeable personal injury attorney to explore all your legal options.
How a Personal Injury Lawyer Can Help
Navigating a workplace injury that may involve more than just workers’ compensation can be overwhelming, but an experienced personal injury lawyer can make all the difference for your case and your future. Here’s how they can help:
Investigate Liability Beyond the Employer
A personal injury lawyer will dig deep into the circumstances of your accident, looking beyond your employer to determine if third parties, such as manufacturers, contractors, or property owners, are also at fault. This way, no responsible party is overlooked in your claim.
Handle Complex Legal Issues and Multiple Defendants
Many workplace incidents involve complicated legal relationships and several companies or individuals sharing responsibility. Your lawyer can sort through contracts, safety records, and insurance policies, making sure each defendant is properly held accountable.
Help You Handle Both Types of Claims
Ultimately, a personal injury lawyer’s goal is to pursue every option to secure the compensation you need for medical expenses, lost income, and future care. Skilled workplace accident attorneys in LA can guide you through filing workers’ compensation claims and also identify when a separate personal injury lawsuit is possible. They can handle coordination between both processes, protecting your right to the full range of benefits and damages available.
Having the right legal guidance is essential to ensure no opportunity for justice or compensation is missed after a workplace injury involving more than just your employer. Contact us today to schedule a free consultation.