An occupational injury or a work place injury is bodily damage resulting from working. If you have been injured in the workplace, you have probably been told that the only compensation you can receive will be from your employer’s workers compensation insurance. There are however, some exceptions in which you may be able to sue for damages causes by your injuries.
Some of these situations include: being injured by a defective products, being injured by a toxic substance, if you sustained injuries due to intentional or egregious conduct by your employer, if your employer does not carry worker’s compensation insurance, or if a third party caused your injuries.
If a piece of machinery or equipment is defective and failed to work properly or is inherently dangerous, then the manufacturer of the machine or equipment can be held responsible for the injury if they knew of the danger and it did not warn the business or your employer. The manufacturer many have to pay compensation for lost wages, medical bills, and pain and suffering.
Toxic substances can include chemicals or other substances such as asbestos, benzene, chromium compounds, silica, and radium. You could seek damages for a “toxic tort”, meaning a lawsuit that was brought on by being injured or harmed by a toxic substance.
If your employer’s conduct is intentional or egregious which means if your employer intentionally harmed you, then you can sue your employer for damages outside of the worker’s compensation insurance.
If your employer does not have worker’s compensation insurance, then you can sue your employer in a civil court for your injuries. This can give you the opportunity to get more money than you would have through the worker’s compensation insurance, but you have the burden of trying to prove that the employer wronged you and was at fault in causing your injuries. You do not have to do this when obtaining benefits from the worker’s compensation system.
If a third party injures you on the job, you might be able to sue that third party for damages.
If you have been injured in your work place by a defective product, toxic substance, negligence, or a third party, or if your employer does not carry worker’s compensation insurance, then call a personal injury lawyer as soon as possible to find out your rights under the law. A Houston personal injury lawyer can help you seek damages for lost wages, medical bills, and pain and suffering.