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Workplace injuries: When can I sue outside of workers’ compensation?

Workplace injury
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One of the most common personal injury claims involves workplace injuries. While in some cases you are only eligible to receive compensation under workers’ compensation insurance, there are instances when suing for damages is a possibility. Many temporary disability and permanent disability payments awarded by workers’ compensation are not sufficient, and may fail to recognize intangibles such as pain and suffering.

It is extremely important for injured workers to understand their rights, especially when adequate compensation is not given by their employer’s workers’ compensation insurance. Below are three situations that may allow a person who has experienced a workplace injury, or acquired an occupational disease, to sue for damages outside of the workers’ compensation case.

Injuries caused by a defective product

A suit that brings liability action against the manufacturer may be possible if your workplace injury was caused by a machine or piece of equipment that:

  • is defective
  • failed to work as planned
  • is inherently dangerous

Injuries caused by a toxic substance

You may be able to file a toxic tort lawsuit against the manufacturer of the substance that caused your injury or illness under the right circumstances. This can include things like asbestos, benzene, chromium compounds, silica, and radium.

Injuries caused by an employer’s intentional or egregious conduct

A personal injury lawsuit against your employer is possible if the intent to injure is present. The total compensation in this type of lawsuit can exceed the amount of damages allowed under workers’ compensation.

Additionally, in cases where an employer doesn’t carry workers’ compensation insurance, civil court suits can also act as a way for injured employees to receive the compensation they’re entitled to.

If you have experienced a workplace injury and feel that you may be entitled to more than what was provided by your employer’s workers’ compensation plan, Graham Legal may be able to help. Let us get further acquainted with your individual situation and decide if you could benefit from a formal legal action. We invite you to schedule an initial consultation with an experienced Miami personal injury attorney.

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