In the event you incur an occupational disease or you are injured in the workplace your remedy will be found through your employer’s workers compensation insurance policy. In the greatest majority of cases filing a lawsuit is not possible although there are certain exceptions. For the recovery of any and all medical expenses, lost wages and other expenses which are related to your injury or illness you cannot sue your employer in civil court.
Workers compensation is a system that has been designed to be “no fault,” simply meaning that regardless of whether it was negligence on the part of your employer or not you will get compensation. In this no-fault system the important thing is that you were injured or suffered an occupational disease in the course of doing your job. Furthermore, even if the employee was negligent and that negligence directly resulted in the injury the employee will still get the benefits. This system was designed to provide protection for everyone involved, the employer does not have to spend time and money fighting law suits and the employees get access to care and wage replacement quickly and with minimal fuss.
To claim for workers compensation you have to be employed by a company that covers you. People who are independent contractors or otherwise not covered as an employee and they are injured through negligence on the part of a company or person they were working for at the time can hire workers compensation lawyers in Clifton NJ and file a regular law suit for damages.
When can an employee sue?
As an employee covered by workers compensation there are very few situations where you can actually sue your employer. One such situation is if your employer actually harmed you intentionally, you employer must have gone out of his way to do something on purposes which resulted in harm to you. This is a very fine line, even if your employer did something which was grossly negligent, perhaps left a ladder in service that had broken rungs, even this is not enough to allow you to engage workers compensation lawyers in Clifton NY and sue in civil court. You have to prove beyond doubt that your employer did something to you with full intention to do you harm such as actually punching you or some similar act to inflict injury.
There are other situations where you can sue, if, for example you were driving a vehicle as part of your job and you were involved in an accident which was not your fault you can claim workers compensation and sue the at fault driver for damages as well.
There are few instances when you can sue your employer for damages should you be injured at work. If you have doubt you should consider consulting workers compensation lawyers in Clifton NJ. You are invited to contact the Law Offices of Bagolie Friedman.
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