Rather than Collecting Workers’ Compensation, May I Bring a Lawsuit Against My Employer?
If you get a work-related injury or industrial disease, you should file a claim as soon as possible for workers’ compensation. Depending on your situation, you may be eligible for lost wages, medical expenses and/or vocational rehabilitation. To find out more about your potential benefits, contact an experienced workers’ compensation lawyer now.
Have you been injured in a work-related accident? To speak with an experienced workers’ compensation lawyer, contact Pitts & Zanaty, L.L.C.
We have office locations throughout Alabama, including Anniston, Albertville, Birmingham, Cullman, Decatur, Florence, Gadsden, Huntsville, Montgomery, Talladega and Tuscaloosa. For additional information about workers’ compensation please see the articles below.
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In most states, a worker injured by the intentional action of his or her employer can sue the employer for the harm in addition to filing for workers’ compensation. Examples of such deliberate employer behavior triggering the right to sue may include assault, intentional infliction of emotional distress or known exposure to hazardous conditions. On the other hand, instead of allowing an additional lawsuit, some states have included in their workers’ compensation law an additional monetary award when an employer acts intentionally or maliciously to injure an employee.
Employees can also usually sue their employers for other types of harm not covered by workers’ compensation, such as illegal discrimination, defamation, invasion of privacy, harm caused by a dangerous co-worker negligently retained by the employer, sexual harassment or damage to property.
Another legal basis for an employer lawsuit available in a few states is the dual capacity or dual persona doctrine, allowing a worker to sue his or her employer when the employer has a second legal relationship to the worker and has harmed the worker in the context of that second affiliation. For example, an employer may injure an employer outside the employment relationship when it commits medical malpractice in the provision of services through a company doctor, when it defectively manufactures a product for public sale that injures the worker or when it allows a dangerous condition on its property in violation of its duty as a landowner.
In addition, an employer may be subject to a separate lawsuit for either bad faith processing of a workers’ compensation application or for retaliating against an employee for bringing a workers’ compensation claim, such as by demotion or termination.
In most, but not all, states, lawsuits against co-workers causing injury in the workplace are banned because co-employee injuries are included in the workers’ compensation system. Even so, workers’ compensation immunity from lawsuits is rarely extended to co-workers who intentionally or maliciously cause injury to others in the workplace.
Even if an injured worker may not be able to sue his or her employer directly, he or she may be able to sue a responsible third party. For example:
- An inspector who fails to require the correction of a dangerous situation
- A doctor who exacerbates a work injury by negligent treatment
- A manufacturer, distributor or seller of a defective product that causes a work injury
- An employer’s landlord who fails to correct an unsafe condition on the property
Speak to a workers’ compensation lawyer
Because legal remedies for work injuries vary widely among jurisdictions, it can be crucial to speak with a workers’ compensation attorney such as one at Pitts & Zanaty, L.L.C. in Anniston, AL, to understand your rights.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.