No one wishes to get injured at the workplace or anywhere else. But because accidents always happen, it is prudent to know your legal options.
There is a common misconception among workers that you are only entitled to workers’ compensation benefits if you are injured on the job. That is not always the case.
Filing a workplace injury lawsuit may seem intimidating, but it is a significant step to recovering compensation for punitive damages, lost consortium, and more.
So, under what circumstances can you file a workplace injury lawsuit? Here is what you need to know about a workplace injury resulting in a lawsuit.
What Should I Know About Workplace Injury Lawsuits?
Typically, a worker who suffers an injury or illness related to their job should turn to the workers’ compensation system in their state for compensation.
Employees cannot file a civil suit against their employer if the employer fails to follow standard procedures or correct an identified danger. However, there are some exceptions.
There are specific circumstances where an employee can legally sue an employer for workplace injuries. For example, you can sue if your employer intentionally injures you.
At the same time, there are workers’ compensation claims where a third party contributed to the employee’s injury. These are known as combination cases.
When an injury results from another person’s negligence, not the employer, you can file another personal injury lawsuit against them.
What Kind of Injuries Likely Result in Lawsuits?
There is no doubt that workers’ compensation is helpful, but filing a workplace injury lawsuit helps the injured worker receive more money.
Several injuries can result in a workplace injury lawsuit. These include:
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Intentional Injuries
Workers’ compensation laws are designed to cover losses from accidents and injuries suffered on the job. But it is not an accident if an employer hurts you intentionally.
Intentional injuries can be a result of an employer’s:
- Assault and battery
- Sexual assault
- Intentional infliction of emotional distress
If any of these happen to you, you can file an employer intentional tort instead of a workers’ comp claim.
Some states even hold the employer liable in a personal injury lawsuit if they approved or authorized the infliction of injuries on you by a coworker.
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Defective Product Injuries
When a defective product such as a machine or equipment injures a worker, the manufacturer can be held responsible for the injury.
This is particularly true if the manufacturer was aware of the danger or did not issue a warning to the business or employees about the threat.
The worker can sue the manufacturer for such damages as medical bills, lost wages, and pain and suffering.
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Toxic Substance Injuries
Some industries use toxic chemicals and substances that could potentially cause severe injuries. Substances like asbestos, benzene, and chromium are harmful, but any other substance that causes you to harm can be the subject of a toxic tort claim.
When such substances injure a worker, they can sue the chemical manufacturer. They could also sue the manufacturer of safety gear that did not effectively protect them from the toxic substance.
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Injuries Caused by a Third-Party
Sometimes when a worker is injured at the workplace, the fault does not lie with the employer, a dangerous machine, or a substance, but with a third party.
When this happens, the employee can sue that individual for damages.
For example, say you are a company driver, and another driver hits you when running a red light. The other driver is at fault for the collision and is the cause of your injuries. So, you can file a lawsuit against them for damages.
How Long Do I Have to File a Lawsuit?
Injury lawsuits are almost restricted to filing within a specified period. This time limitation differs depending on the state and the type of injury you are litigating.
While some circumstances allow for extensions, the time frame to file a lawsuit is controlled by what is known as a statute of limitation.
Every state has its statute of limitations. That means the length of time you have will depend on the state where you work.
In most states, the statute of limitations for a personal injury case (whether it was a work-related injury or not) is two years.
But other factors can affect this general time limit. For example, a federal or state worker injured on the job in California has only six months to file a lawsuit against the responsible agency.
Since several factors can influence the statute of limitations, you need to contact a workers’ comp lawyer immediately after suffering a work-related accident.
A lawyer will make sure to file a lawsuit before the specific deadline of the incident.
What Kind of Legal Counsel Will I Need?
Many people prefer handling simple injury cases independently and saving on legal fees. But worker’s compensation is one of those lawsuits that require additional work and guidance to be successful.
Generally speaking, industrial accidents require detailed documentation, extensive research, and an understanding of the pertinent issues involved in workplace injury lawsuits.
As a workplace accident victim, you will be up against a team of corporate lawyers. These lawyers ensure the company pays the minimum amount and accepts the least possible responsibility.
So, it would help if you had an experienced lawyer on your side who could represent you in court and guide you throughout the process.
What is the Process of Such a Lawsuit?
A workplace injury lawsuit is quite lengthy. The process is the same as that of a typical personal injury lawsuit, so the stages include:
Step 1: Hiring an Attorney
At the heart of any legitimate injury case is an injury of some kind. But, regardless of the liability of the person responsible for the injury, the case will not make it far without proof of the worker’s injury.
If the plaintiff’s damages (injured worker) exceed the local small claims court limit, then the best cause of action would be to hire an attorney.
The attorney will investigate and find out whether you have a valid case.
Step 2: Filing a Formal Complaint
Once your attorney establishes a legitimate case, they will file a personal injury complaint in a civil court.
The complaint is the first official document laying out how you suffered an injury or illness at the workplace and who was responsible.
Your attorney will then contact the defendant (can be the employer, manufacturer, or another third party who caused the injury) and serve them the complaint.
Service papers telling the defendant the date they should appear in court will also be issued.
Step 3: Discovery
The two parties enter discovery when they file and exchange the preliminary documents. The discovery stage is where they formally exchange evidence.
At this point, your attorney will send some interrogations to the defendant and request their documents.
The two parties will then take depositions.
Step 4: Pre-trial Hearing
Attorneys generally use pretrial motions to compel the other party to provide evidence. But attorneys can also file motions to help settle the case before it goes to trial.
For example, the defendant’s attorney can file a motion to dismiss part of a lawsuit based on a lack of evidence.
Your attorney, on the other hand, can file a motion for summary judgment. Your motion would claim that the facts in the case are undisputed, and a judge should grant immediate relief.
Step 5: Settlement
After the pre-trial hearing, the two parties try to settle before the case goes to court through negotiation or mediation. Here’s what to expect in mediation for a workplace injury lawsuit:
There are two possible outcomes- you will either settle on an amount with the insurance company, or you don’t.
If you reach an agreement, you will sign a settlement agreement, and your case will be resolved. But if you disagree, a workers’ comp judge will continue to hear your appeal in a trial.
Step 6: Trial
The trial will finally begin. This stage will take a few days for a typical personal injury case. The judge will determine if the defendant was responsible for the plaintiff’s injury and damages.
Both parties will present their witnesses to testify. If the defendant is found negligent or directly caused your injuries, the judge will set the amount the defendant has to pay in damages.
Is Legal Funding for Workplace Injury Lawsuit Worth It?
Workplace injury lawsuits and claims usually take a long time to settle. Injured workers wait months or even years to get the proceeds from workers’ comp settlements.
The dragging of cases can be detrimental for workplace injury victims. The medical bills will pile up, and you also don’t have sufficient income since your injuries have kept you off work.
Fortunately, a pre-settlement fund can provide fast access to a portion of the settlement money you expect to recover once your case is resolved.
Generally, you take out a loan on your workers’ comp case during any phase of your workplace injury claim. You should consider a workplace injury lawsuit case loan if:
- Your bills and expenses are piling up
- Your debt is accumulating when fighting your case
- You don’t have liquid reserves for bills when seeking compensation
- You have a strong case with a high chance of success
The good thing about workplace injury pre-settlement funding is that it is not a typical loan. When you borrow against your workers’ comp settlement, you receive cash in advance without upfront fees or out-of-pocket costs.
You pay back the legal cash advance once you win your case, so the loan is worth it.
Prepare Your Workplace Injury Lawsuit with An Experience Attorney
You do not necessarily have to hire a lawyer to file a workplace injury lawsuit, but it is highly recommended.
A lawyer can help you through legal lawsuits, court procedures, and injury claims. Having a lawyer act on your behalf increases your chances of winning compensation.
At Legal Giant, we colloborate with some of the best workers’ injury lawyers to ensure you get the justice you deserve. Our lawyers will represent you in court and help you achieve financial recovery.
Contact us to schedule a consultation with our team today.
