No matter what type of job you are doing, work-related injuries are common. Whether your job description includes heavy weight lifting, loading, construction, or any such tasks, you have more chances to get injured. However, you must know whether you can sue your employer for a work-related injury or not. Most of the companies are covered by the employee’s compensation insurance policies according to the state’s law, but if you want to sue your employer for an injury you have suffered from, here is all that you need to know.
No matter if you hire the best work injury lawyer near me, you cannot file a lawsuit against your employer in the UK. Employees in all the states are covered under the federal workers’ compensation laws or state workers’ compensation laws that prevent them to sue their employers for any work-related injury. The legislators have decided to keep the employees covered with some compensation cost regardless of the fault during a work-related accident instead of making a detailed inquiry, which is why they are no longer eligible to file and inquiry against their employers.
Worker’s compensation law is said to be “employer’s immunity”. Even though employers must have to pay their employees, they are immune from taking any responsibility for the accident, which makes them free from any personal claim of the employee. There are only a few exceptions for this case, otherwise, work-related injury cases are often handled according to the workers’ compensation law.
Although employees are not eligible to file a lawsuit against their employers, exceptions can be made as the employer’s immunity isn’t absolute. An employee can sue his employer in the following cases.
You can file a lawsuit against your employer if he has intentionally hurt you with his actions. He must have done something to directly harm you. For example, if your employer kicks you or punches you, it cannot be termed as carelessness or negligence. It was a threat against your protection for which you can file a case.
Although states are not allowed to hire employees without having proper workers’ compensation insurance for them, some companies may not have sufficient insurance for employees. If this is the case and the employer has denied you from your rightful claim, you can file a lawsuit against him.
In some states, employees are deemed to be eligible to sue their employer for gross negligence that causes them the injury-related loss.
You can also sue your employer under the “product liability” theory if it was a product that caused you the injury. This is mostly in chemical factories where different gases and chemical experiments can cause serious injuries. If your employer has made a product that has caused you an injury, you are eligible to file a lawsuit in the civil court.
Must Read Related Article: How Many Personal Injury Claims Go to Court in the UK?
