Employers are usually protected from employee lawsuits provided they have a workers’ compensation system in place. That way, if accidental injury occurs, you work with an administrative process as opposed to going through civil claims court.
But this is not always the case. Injuries due to neglect or accidents are one thing, but an employer is not necessarily protected from harm that you believe is intentional. As FindLaw notes, you may be able to sue an employer for an intentional tort, a third party for related injuries or appeal against a wrongful denial to your compensation claim.
Types of intentional torts
Tort injuries represent a wide variety of harms that can range from the physical to the emotional. Examples include:
- Assault and battery—physical injury or the threat of physical injury
- Fraud and defamation—lies that cause harm in any way
- Invasion of privacy—private information exposed to a large audience
- Intentional infliction of emotional distress—emotional trauma caused by terrible and intentional conduct
Lawsuits against third parties
Other examples of situations that merit a lawsuit over the proper workers’ compensation process include third party injuries. If you suffered an injury due to defective equipment, you could sue the manufacturer.
Denial of workers’ compensation
If your employer denies your claim or wrongfully terminates you before you could benefit from the workers’ compensation, the road ahead for you is long. There are many steps and processes that each party has to abide by. But with the right time and resources, you can still get what is fair.
Workers’ compensation is a complex topic and sometimes your situation merits it or another approach. It is in your best interest to learn as much as you can so your reporting and awards can go smoothly.