Workplace Injuries
When a work injury occurs, the most common form of help is through worker’s compensation insurance. This type of payment usually provides money and benefits to a worker who has been injured through no fault of their own while on the job. Other types of financial help can include Social Security disability insurance if the worker is unable to continue in their job. If an employer does not have worker’s compensation insurance, the worker is responsible for making sure their rights are covered and may need to investigate legal steps if they are injured.
Many workers are unaware that they may have the right to sue their employer or other defendants for compensation in addition to worker’s comp if certain conditions apply that fall under personal injury laws. These can include the following situations:
1. The worker is injured by a defective product – this may entitle the worker to sue the manufacturer under a product liability action; examples of a defective product include defective equipment that is inherently dangerous or failed to work properly
2. The worker is harmed by a toxic substance that causes acute injuries (quickly apparent health problems) or latent injuries (health problems that may take many years to appear); examples of toxic substances include asbestos, radium, and benzene
3. The worker is harmed by inappropriate conduct by the employer, such as an act of violence or if the worker is put in harmful situations on purpose
4. The worker is harmed by a third party – in this case, the worker may be able to sue the responsible party directly.
It is important for workers to investigate how much help they can receive for pain and suffering and mounting medical bills if they are injured at work. In addition to personal lawsuits, workers should consider taking action with the Department of Labor’s Occupational Health and Safety Administration (OSHA) to prevent their employer from continuing unsafe practices and harming any more people. In most cases, the worker should contact an attorney immediately if they are harmed at their place of employment.