If you are injured while working, you can likely recover money through your employer’s workers compensation insurance. Employees in every state are protected under state workers’ compensation laws. The amount an employer can be sued in a worker’s compensation lawsuit will depend on the amount of the damages. You can keep reading to learn more or contact Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation.
In Certain Specific Situations You Can Sue Your Employer in Civil Court
While most at-work injuries are best handled via workers’ compensation claims, there are certain situations in which it makes more sense to file a claim in civil court. First, if your employer intentionally hurt you then you may be able to take action against them directly. For example, if a boss punched their employee in the face, said employee may be able to sue their boss.
Second, if your employer does not have sufficient workers’ compensation insurance, or does not have workers’ compensation at all. All states require that employers have some form of workers’ compensation insurance, except Texas. If an employer in any other state does not have sufficient workers’ compensation insurance then they have broken the law and a personal injury lawsuit may be possible.
How to Sue Your Employer Outside of Workers’ Compensation Claims
If you decide that you need to file a lawsuit against your employer, then you will not be limited by what you can sue for. On the other hand, a workers’ compensation claim does not allow for noneconomic damages such as pain and suffering.
The first step to suing your employer is talking to a personal injury attorney. The statute of limitations for these cases vary based on who the plaintiff is but can be as short as six months. This is why we recommend contacting Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation as soon as possible.
Once you have found an attorney, they will file the claim and your employer will have an opportunity to either pay the claim or fight it. If they fight it, you will need to be able to prove:
- That your employer injured you
- That the injury was willful
- That you suffered damages as a result of the injury
All three of these factors must be proven. If they are not, then you will not win your case. Your attorney can help you find the evidence required to win your case. Choose an attorney who shares their case results so you can confirm that they have had positive results in the past. Choose an attorney who takes cases on a contingency basis to ensure you do not have upfront costs. Choose an attorney like Law Offices of Fernando D. Vargas with the experience to take your case all the way.
