To most people, the primary purpose of workers’ compensation law is to protect an employee from the costs of a workplace injury. There is some truth to this statement. However, workers’ comp has a secondary purpose that few realize: It renders employers immune to lawsuits by their injured employees.
While this protection for companies may seem airtight, some situations allow workers to sue their employers. Understanding workers’ compensation law helps to understand this nuance of workers’ compensation.
The Origins of Workers’ Compensation
Working conditions during the Industrial Revolution were generally horrible. Most workers were oppressed, with factory owners frequently subjecting them to numerous physical dangers and health hazards. It wasn’t uncommon for workers to be dismembered or killed on the job.
The lack of human rights was, quite frankly, horrifying. When workers were injured at work, their only recourse was to sue their employer. As was true back then, filing a multi-year lawsuit while injured isn’t easy for most workers, especially for those who need to pay for immediate treatment.
Out of these oppressive conditions emerged work accident law and workers’ compensation. In return for insuring workers against injury, employers could be shielded from most lawsuits. That’s because receiving benefits from workers’ comp while suing employers for more compensation is essentially double-dipping, which would be unlawful.
On the one hand, workers can now receive compensation relatively quickly and, in most cases, have the means to recover and return to work. On the other hand, workers’ compensation may drive companies to care more about their bottom line than employees’ injuries.
Conditions That Allow You to Sue Your Employer
Despite the protections to employers through workers’ comp insurance, companies aren’t entirely immune to lawsuits. There are a few instances where you may be able to pursue legal action, which includes unlawful activity by your employer. The following are actionable instances:
1. Your employer intentionally hurt you.
Work injury law and workers’ compensation apply only to accidents and negligence. If you have evidence that your employer or supervisor injured you intentionally and maliciously, you have grounds for legal action.
2. You suffered injury from a faulty product.
If your injury resulted from a product defect, you may be able to sue the manufacturer. For example, if you were hurt after a tool or vehicle malfunctioned, you could file a claim against the manufacturer or retailer.
3. You experienced wrongful termination or retaliation.
Firing or retaliating against an employee for filing a worker’s comp claim is unlawful. Seeking compensation for a workplace injury or illness is your right.
4. Your injury resulted from exposure to toxic substances.
Under work injury law, there are different considerations for toxic substances than other working conditions. If you were unduly exposed to chemicals, your employer could be liable.
Contact an Experienced Workers’ Comp Attorney to Be Sure
The above list of exclusions is not exhaustive. In Cincinnati, employees can’t recover pain and suffering through a worker’s comp. However, some workers can receive significantly more money through a personal injury lawsuit instead of filing a claim through an employer. To see if this situation applies to you, consult a qualified workers’ comp lawyer nearby at Clements, Taylor, Butkovich & Cohen, LPA., Co., who can examine the particulars of your case.