Workers Compensation May Not be Your Only Payment Option for Workplace Accidents
Each year the Bureau of Labor Statistics documents millions of workplace accidents; but even if an employer was grossly negligent in causing those injuries, employees typically cannot sue them. However, there may be other ways for an injured worker to collect damages over and above the benefits covered by his employer’s Worker’s Compensation Insurance policy.
In most cases employees are only entitled to collect Worker’s Compensation benefits for lost wages, medical bills, diagnostic and rehabilitation services, and other related expenses. But if a defective product or other negligent condition contributed to an employee’s injuries, and was caused by someone other than his employer, the injured worker may recover money for pain, suffering, loss of consortium and other damages.
Product Liability Claims
A punch press machine is just one example of a product that has caused numerous workplace accidents. Their metal forming function requires extreme downward force to complete the process. Sometimes workers must manually position the metal for punching or use their hands to keep the press running smoothly. When the machine is manufactured with inadequate guards, altered to remove existing guards, or there is some other potential defect, the human/machine interaction can lead to serious injuries, including finger and hand amputations.
If an employee is injured by a malfunctioning or unsafe machine while working, or even injured by a defective appliance in the employee cafeteria, he may pursue a product liability claim. He or his representative may seek damages from the manufacturer, designer, or anyone who maintained or modified the device that injured him, as long as it wasn’t his employer.
Auto Accidents
Lots of employees must drive while performing the duties of their jobs. When an accident occurs, they would be entitled to Worker’s Compensation benefits. If the accident was due to another person’s negligence behind the wheel, the employee would also be entitled to seek damages from the other driver.
The injured employee’s Worker’s Compensation case would be handled as a workplace injury, but he would proceed against the other driver in the same manner one would proceed against any party who caused an auto accident. If the other party was on his employer’s business and driving a vehicle owned by his employer, the employer would be another potentially responsible party.
Premises Liability
If a person were hurt on their employer’s premises, the possibility of collecting from another party may not be as great, but it still exists. If the employee tripped and fell, or was otherwise injured due to a hazard created by a subcontractor, a contract maintenance crew, a janitorial service, or any other non-employer, the injured person may seek damages from that company. An injured employee may pursue a claim against any party– other than his employer– who may have contributed to his injuries.
Intentional Torts
In some rare cases, employees retain the right to sue their employers for injuries sustained in workplace accidents. If the employer created a hazard by removing or altering safety devices that made an injury substantially certain to occur, an employee may have a right to file a suit for an intentional tort.
It Won’t be Easy
Worker’s Compensation is an automatic benefit in most cases, but collecting from responsible non-employer parties may not be that simple a task. There may be contracts or subcontracts among the parties that shift responsibility to someone else or even back to your employer. Things can get complicated after that.
To collect the money you’re entitled to over and above your Worker’s Compensation claim, you and your legal representative will have a lot of work to do. But it’s worth it to get the money you deserve.
