Are you aware that as an employee, you are entitled to claim workers' compensation from your employer in the case of a workplace injury? Having ample knowledge of the legal rights ensures an employee receives their benefits in case they get hurt in their line of duty. Interestingly, most employers today provide compensation to their employees as part of the employment package. However, seeking compensation from your company isn't easy, and you'll need to enlist the help of a workers' comp lawyer. This guide shares instances where you may need to take legal action against your employer.
If The Injury Was a Result of the Employer's Negligence
In some industries, workers are exposed to heavy equipment and machinery. Such machinery should be serviced as stipulated to ensure they are in excellent working condition. However, if an employer overlooks this requirement, accidents could happen, and employees handling the machinery get injured. You have a right to sue your employer for failing to uphold workplace safety measures. Likewise, if your employer fails to improve the working conditions, you can take legal action against them.
If the Injury Is a Result of Faulty Products or Contaminated Substances
A defective product lawsuit is an available option when injured by malfunctioning equipment. The manufacturer is believed to be aware of the faultiness but chose to remain silent. You can sue them for failing to warn the company and its employees, leading to harm. In this case, the manufacturer will compensate you for lost wages, medical expenses, and pain experienced.
In some instances, employees fall ill and develop diseases from being subjected to toxic substances in their place of work. If faced with such a situation, you can sue the toxic product's manufacturer based on a toxic tort lawsuit. Once this is medically established, your lawyer will help you pursue compensation for the damages incurred from the manufacturer.
If the Employer Fails to Insure Their Employees
You have grounds to sue your employer if they fail to provide you with workers' compensation insurance. However, you must prove that the injuries resulted from the employer's negligence and that the accident could have been avoided. Working with a workers' compensation attorney is crucial in this situation. They will help you provide the needed evidence linking your injury to your employer's negligence.
Remember that a lot of time, effort, and resources go into the compensation process. Additionally, your employer has probably tackled similar lawsuits before and knows the drills for such cases. So if you want a favorable end, work with a worker's comp attorney right from the onset of the case.Share