Unfortunately, this does not cover emotional pain and suffering. Additionally, workers’ compensation insurance does not address the legal accountability of your employer for allowing dangerous conditions to exist or instituting poor safety controls in the workplace.
Here is the good news. You don’t have to depend entirely on workers’ compensation benefits. The circumstances surrounding your injury can sometimes provide you with other means to seek just compensation. Here’s how:
• If your injury was the direct result of a faulty or defective equipment or product then you can file for a personal injury claim against the producer or manufacturer of the said equipment. However, you will need to prove that the defect is known to the manufacturer and was not a result of normal wear. All equipment must be safe to use and must be working properly before employees are allowed to operate them.
• If your injury was the direct result of an exposure to a harmful or toxic substance, then you can also file for a personal injury claim against the manufacturer or producer of that particular substance. A classic example of this is asbestos where, despite strict regulations by the US government, some manufacturers still use asbestos and asbestos-like substances.
• If your injury was the direct result of your employer’s egregious or even intentional conduct or behavior, then you can also sue your employer for the injuries you sustained. However, filing a lawsuit against your employer is often quite challenging in addition to the fact that not all states will allow an employee to sue his employer on grounds of misconduct resulting to personal injury.
• If another person caused your injury in the performance of your work, then you can file a separate personal injury claim against that person. For example, you are driving on a company vehicle to perform a sales call when you were hit by another vehicle who beat the red light. You can sue that other person for injuries you sustained.
• If your employer does not have workers’ compensation insurance, you can collect compensation from state funds or you can alternately sue your employer for neglect of duties. You have to prove, however, that your employer was at fault for your injuries.
Your best recourse to find just compensation after sustaining an injury from work is to talk to a lawyer who specializes in personal injury cases. Only then can you be enlightened on how you can seek justice for your personal injury outside the usual workers’ compensation.
Distributed by Beutel Hurst Boleky LLC
Company Name: Beutel Hurst Boleky LLC
Contact Person: Thomas
Phone: (312) 346-6800
Address:350 North LaSalle, Suite 810
Country: United States