Suing Your Employer For Compensation Of Workplace Injuries

Every employee has the power to bypass the system that works on settling these on-the-job injuries/accidents/impairments when the accident happens due to sheer negligence/recklessness/intention of the employer. The worker has the right to sue the employer and the organization in court, with legal proofs and submissions that caused the damage, which includes the suffering, pain and mental tension. Many workers have been told that in the case of any injury in the workplace, they are only eligible to the compensation that they receive from the workmen compensation insurance. Agreeably that is the common rule, which has many hidden exceptions too.

Various situations

Defective product – If the worker is injured on the job because of a defective product which is used as the part of their job, then action can be taken against the company or organization that manufactures this product and is purely liable for the defects in it.

Toxic substance – If the worker is injured or impaired due to any kind of toxic substance, then there is a chance to raise the lawsuit the manufacturer who makes that chemical product.

Personal grudge – In case of any knowledge or proof or issues arise over the conduct of the employer, for the incident or accident, and if it is proved or believed as intentional, then the worker has all the rights to bring into action a lawsuit for personal injury against the organization.

No insurance – If the employer does not carry or cover any kind of compensation benefits for the worker in regards to injury/accident/impairment/disability, then the worker has rights to sue the employer legally either in civil court or to collect the compensation benefits allocated to the respective state funds.

Third party – If in case the employer provides all the safety measures including the workmen compensation, but the injury or accident is caused by a third party, then the worker needs to bring a lawsuit for personal injury and file a case against that particular person or party.

Know your rights well

It is well known that the compensation and benefits are comparatively very low and can’t compensate the mental anguish, pain, monetary suffering and other personal problems. Also, these benefits neither teach a lesson to the employer nor punish the responsible party for the punitive damages. And when returned to work, the worker has to work in the same poor safety measures and dangerous situations. That is why it is very important for every worker to know his or her rights well in order to file a case outside the system.

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