Workers’ compensation is the mechanism to provide financial support for employees who’ve been injured or gotten sick as a result of his/her job. But what if workers’ compensation is never enough? There are some circumstances in which you may be able to sue someone outside of the workers’ compensation system. Here’s what you need to know.

Understanding Workers’ Compensation

Right from the start, before we talk about when you can sue outside of workers’ compensation, it’s vital to explain what workers’ compensation is. This program includes benefits to workers who are injured or ill due to the nature of their work. It typically includes coverage for medical expenses, lost wages and rehabilitation costs. But it’s a no-fault system; you don’t have to show that anyone was at fault in order to receive benefits. But there are limitations.

When You Can Sue Outside of Workers’ Compensation?

Although there are many benefits to workers compensation, there may be times when it is not sufficient, or you may have other options. Here are the main situations in which you might be able to sue outside of workers’ comp.

Third-Party Lawsuits

In other instances, a third party such as a product manufacturer, another company or contractor may be liable for causing your injury. For instance, if you were injured by a malfunctioning machine in a factory, you can sue the manufacturer. It is called a third-party lawsuit. In this scenario, worker’s compensation benefits are still available to you, but a separate lawsuit may be filed against the third party for other expenses.

Intentional Harm by Employer

If your employer deliberately injured you, in some cases you may be able to bring a lawsuit outside of workers’ compensation. Workers’ compensation usually covers accidental injuries, but if your employer intentionally injured you, that may be forceful reason to a personal injury lawsuit.

Defective Equipment or Machinery

If you were hurt because the equipment or machinery being used at your job fails to work properly, you also may have a claim against the company that designed or manufactured the equipment. This would be a product liability case that would not be covered by workers’ compensation.

Workplace Safety Violations

It’s the law for employers to keep their workplace safe. Workers Compensation Accompanied by Negligence Some employer neglects safety measures and if this results to your injury, then you can sue apart from workers compensation for negligence. This is applicable to many areas, and particularly in high safety-risk sectors.

Construction Accidents and Jobsite Negligence

For construction fans out there, accidents in the industry usually implicate multiple parties. If an accident at the work site was caused by someone else’s negligence — a subcontractor or fellow employee, for example — you might be able to sue outside of workers’ compensation. This often occurs in construction accident cases involving third-party liability.

Conclusion

And while workers’ compensation is a safety net, it doesn’t always attend to all the aspects of your injury or illness. If a third party, your employer, inadequate products and machinery, or unsafe working conditions were behind the accident you may be entitled to take things further. If this happens to you, it’s crucial that you speak with a lawyer who specializes in personal injury or workers’ compensation law so that you can learn more about what is available to you and fight for the compensation that is rightfully yours.

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