Getting hurt in the middle of a shift at work is a disruptive experience. Injured people may need to leave to seek medical care. They may have major treatment costs to address. They may also be unable to return to work for weeks until they fully recover.
The more an injured professional typically earns and the worse their injuries are, the harder it may be for them to offset their losses with just workers’ compensation. Benefits can pay for all of a professional’s medical expenses, but wage replacement benefits only offset a portion of a worker’s typical income.
Can an injured employee file a lawsuit after an on-the-job injury?
Third-party litigation could be possible
The workers’ compensation program protects employees by making them eligible for benefits if they get hurt while on the clock. It also protects employers by indemnifying them for employee injuries and illnesses.
Unless there is proof that the company intentionally created a scenario that resulted in a worker injury, employees typically cannot bring lawsuits against their employers in addition to a workers’ compensation claim. However, it may be possible to pursue a third-party lawsuit.
If the work incident was the result of a piece of equipment malfunctioning, if an outside party caused a car crash or if an employee from a different business was responsible for the incident, then the worker may have the option of filing a lawsuit against the outside party that caused their work injury. Lawsuits can cover the gap between total losses and what workers’ compensation pays.
Evaluating options for compensation and handling claims paperwork is easier to manage with the support of a work injury attorney. Professionals hurt on the job often require legal guidance as they pursue benefits and look into other options for covering their losses, and that’s okay.
