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The short answer to this question is yes. However, some conditions should be checked before this action is pursued against an employer.
According to workers' compensation laws, an employee that has compensation insurance for employees is protected from being held liable for personal injury claims.
The system was developed as a trade-off between the right to sue and the right to receive medical care and cover lost wages. This is regardless of who is at fault for the workplace injury. However, this no-fault system has some limited circumstances.
According to federal law, employees can sue if their employer denies them workers' compensation benefits or when they don't provide compensation insurance coverage.
Denial of Compensation
Most employees fail to file for compensation benefits before suing their employers. Skipping this step hinders a successful lawsuit.
Lack of Compensation Coverage
If the employer or company doesn't provide compensation benefits, the employee can sue them for violating state laws.
Employees who want to explore lawsuits against their employer should seek legal counsel before taking action. Having complaints is never enough when dealing with the law. A workers' compensation attorney understands work injury and who to hold liable.
As a law firm, Larrimer & Larrimer has lawyers skilled in handling workers' compensation cases. Our goal is to get workers the justice and compensation they deserve for issues they face on the job.
We have helped several individuals to file workers' comp benefit claims. The firm also helps protect employees from any kind of employer retaliation.
Contact us and speak to one of our Columbus workermans compensation lawyers about any legal issue.
Holding Employers Liable for their Torts
An employee that believes they developed a work injury due to employer negligence can sue the employer based on intentional tort.
Workplace events that fall under this category include:
Assault and battery of employees
False accusation and imprisonment
Infliction of emotional distress
Fraud
Defamation
Exposure to toxic chemicals
Invasion of privacy
Sexual harassment
Trespassing and conversion
Per the laws of the equal employment opportunity commission, an injured employee that proves gross negligence in their employer's actions can seek compensation as a legal right. Employers deserve to be treated fairly.
Rights on the Job - Make a Workers' Compensation Claim
Injured employees usually fear taking legal action against their employers for workplace injuries. Most of such cases are because these employees fear losing their jobs even though they can prove their employer's negligence for a serious injury they sustain.
An experienced attorney from our firm understands how to gather evidence to establish negligent infliction for work-related injuries.
We consider it a legal duty to protect workers from wrongful termination when they receive workers' comp benefits after a successful lawsuit. Our actions help to make work premises a reasonably safe place for all.
Considering the medical bills associated with serious injuries of this kind, we take pride in helping clients and other employees get full compensation for work injuries.
Contact Larrimer & Larrimer to schedule a free consultation with an attorney.
File a Lawsuit to Ensure Employers Are Held Responsible for their Actions
To file a claim for a work injury, an employee should follow these steps:
Report the injury to the employer. This is required for seeking benefits. It also provides evidence during a suit that the worker was denied benefits.
The injured worker should get medical attention from a trusted center. Medical reports are vital documents in such suits.
Gather detailed notes on interactions with the employer.
Schedule a consultation with an attorney for legal advice.
File a claim based on the counsel from the lawyer. The worker can just let the experienced lawyer do it on their behalf.
Attorneys from Larrimer & Larrimer are always ready to assist injured workers to identify where their employer failed. This is how we have won most cases for our clients. Furthermore, they can help provide answers to common questions related to workers comp such as if one can retire while on workers comp or understanding what happens when one reaches MMI.
Experienced Lawyers to Carry Workers' Compensation Insurance Claims
The laws that surround lawsuits against employers follow rigid processes. Skipping certain circumstances can mess up an employee's case.
Far too many employees still fear suing their employers for work injury compensation.
Others also avoid it thinking about how it will affect their job.
Plaintiffs should contact Larrimer & Larrimer at (614) 820-1855 to schedule an initial consultation with an experienced attorney.
We provide legal guidance unique to every case to help build a positive attorney-client relationship with those we assist.