Most states require all businesses to seek workers’ compensation insurance. With workers’ insurance, as opposed to filing a traditional lawsuit, the employee in question will be given a specified amount for any injuries that may have occurred on the job. The problem with workers’ compensation though, is that the insurance itself is in favor of the employers and as such, people who file a claim for workers compensation, typically don’t receive a large sum of money. But in some circumstances, you are able to sue outside of workers’ compensation whenever certain types of work injury occurs.
1) Toxic substances
In some instances, workers may be exposed to a variety of corrosive and harmful chemicals that can affect them for a lifetime. But, if you have been exposed to certain chemicals such as: asbestos, chromium compounds and radium, then this would fall under the toxic tort law and thus that is the type of lawsuit you could seek as opposed to workers’ compensation. For more examples of chemicals that fall under the toxic tort law, click here to read more info.
2) Defective Products
If a work injury occurs as a result of a defective machine that failed to do it’s job. Then you can sue the manufacturer of that equipment, if the manufacturer neglected to mention the dangers associated with the equipment.
3) Intentional Acts
Another circumstance that allows a worker to sue their employers for damages in an excess that they would not receive through workers’ compensation is if the work injury was on purpose. Read more online about a recent story pertaining to an employer who got sued for intentionally harming their workers, by visiting this website. Even though this is not the case for all states that require all business to seek insurance, in most of those states, they allow an employee to sue under these circumstances.
4) Third Party
In some instances, the injury may occur a a result of a third party. And while workers’ compensation may cover this, because of the fact that the injury occurred on the job, in a situation like this, alternatively, you can sue the third party instead.