Not All Injuries at Work Are Workers’ Compensation

Posted by & filed under The Travis Law Firm Blog, workers compensation.

Filing a Lawsuit Due to a Work Injury

If you are an American worker, one of the biggest safety nets you have is workers’ compensation. This enables you to support your family after a work-related injury. The problem is not all injuries are exactly work-related. Some happen because of your employment but technically outside of work in a bigger sense. 

So, what happens then? Do you lose your ability to have injury damages covered? If you die, will your family be taken care of or are they on their own? The truth is that many injuries are covered that are not technically work-related. It is important to know what they are ahead of time. 

Travis Law Firm in Erie, Pennsylvania

The Travis Law Firm is here to help if you are injured on the job. Workers’ compensation is a laudable system that keeps families whole after a work-related injury. We’ve helped many workers claim the benefits they deserve in all kinds of work injuries. We’ve also helped family members left behind when a worker dies. 

Just call us at (814) 277-2222 to schedule a free case review. We will examine your case, answer your questions and tell you what your options are going forward. If a third-party lawsuit is needed, we are able to help you with it. In addition, if the initial workers’ comp claim is denied, we will file an appeal to obtain the benefits you deserve.

Obtaining Compensation Outside of Workers’ Comp

Although the rules say that a worker is unable to sue their employer if the employee accepts workers’ comp, there are some instances where compensation can be obtained outside of a traditional claim. They are:

  • Injury by a toxic substance: If a worker is injured by a toxic material, they may be able to file a product liability lawsuit against the substance’s manufacturer. This is true whether a problem with the manufacturing process is involved or if the manufacturer failed to warn the worker of problems when using the toxic substance. 
  • Injured by a defective product: On occasion, workers are injured by a defective product. The liability lies with the manufacturer of the product, not the workplace. A product liability lawsuit can be filed.
  • Intentional wrongdoing: If the employer intentionally injured a worker, the employee would have the option of filing a lawsuit.
  • Third-party lawsuits: Many times, outside contractors are active in the workplace. When a worker is injured due to negligence by the outside contractor, they have the right to file a lawsuit against them. It is true whether the contractor is working on the same project or if the injury is due to negligence by the owner of the building where the project is being done.
  • Lack of workers’ compensation insurance: Not all employers carry workers’ comp insurance. If this is the case and a worker is injured, a lawsuit may be filed against the employer.

Benefits of Filing Outside of Workers’ Compensation

Even though workers’ comp is an important safeguard in today’s workplace, permanent and temporary disability payments are low. In addition, no compensation is given for the worker’s pain and suffering. Finally, workers’ compensation does not allow punitive damages. 

Travis Law Firm

If you need to explore the nature of your workers’ comp case to see what is best for you, contact the Travis Law Firm. Just call us at (814) 277-2222, or contact us online to get started. Our staff and attorneys are ready to help you.