A workplace accident is any that occurs in the place where a person normally does their job. However, not every workplace injury leaves an employee eligible for worker’s compensation. You can Visit Hampton & Royce L.C. Law Offices to learn about situations where workers can bring legal action outside of the worker’s compensation statutes.
Suing Without Worker’s Comp
Many injured workers don’t sue for their injuries because they are unaware of all of their legal options. An employee may suffer through a loss once they know that worker’s comp is not an option, but a Worker’s Compensation Lawyer in Salina KS can help you bring a suit on grounds such as:
* A defective product -; If you were hurt at work because of a product defect, you may be able to sue the manufacturer on the basis of product liability.
* Toxic chemical exposure -; If you faced toxic chemical exposure at work, you may be able to file a tort claim against the manufacturer of the substance.
* Egregious or intentional conduct by an employer -; You can file a suit against your employer if your injury was caused by their conduct.
* They have no insurance -; If an employer has no worker’s compensation coverage, you may be able to sue them in civil court, or you can collect payments from a state fund.
Recoverable Damages
Claims outside the worker’s compensation law often carry a greater possibility for the injured party to make a recovery. This is the case because disability payments are usually quite low with a typical claim, and they may not cover all of the injured party’s losses. A non-worker’s comp suit will usually cover:
* Medical bills, drug costs, expenses for therapy and rehab
* Loss of earnings potential and lost wages
* Damage to belongings and personal property
A major difference between private lawsuits and worker’s comp suits is the possibility of punitive damages. The award of punitive damages can keep third parties and employers from making the same mistakes again, and they can often mean higher awards for plaintiffs.
Hiring an Attorney
If you have been hurt on the job, but the harm was not related to your duties, you may be able to make a recovery without going through worker’s comp. A Worker’s Compensation Lawyer in Salina KS can help you file your lawsuit, and he or she can identify statutes and evidence relevant to your case.
