Did you know that 2.6 million nonfatal job injuries and illnesses occurred in the U.S. private sector in 2021? That represents a meager 1.8% decrease from the previous year’s number of cases.
Fortunately, injured workers have the option to file a workplace injury lawsuit. So, if you got injured at work, know that this is one of your legal remedies.
This guide will enlighten you on what to expect when you file such a lawsuit, so read on.
When You Can Sue Your Employer
If you got hurt at work, your first recourse is to file a worker’s compensation claim. Worker’s comp insurance is typically mandatory in almost all states except Texas.
If your state requires your employer to carry this coverage, they must have one. However, not all employers abide by this law, so you can file a workplace injury lawsuit if yours doesn’t.
You may also sue your employer if your injury was due to their intentional conduct. An example is if they intentionally neglected to provide adequate safety equipment.
You Can Sue Other Parties
You can also file a lawsuit against other third parties involved in your case. An example is the manufacturer of defective equipment that caused your injury.
Another third party is a driver who crashed into the vehicle you were driving while on the job. You can sue them if they’re at fault for the collision incident.
You Need Evidence
A valid workplace injury lawsuit must have proof of your injury and the fault of the party you’re suing.
Proof of injury can include the following:
- Injury report you filed with your employer
- Witness statements (e.g., from co-workers who saw you got hurt)
- Security footage of the incident
Just as vital are your medical records from your doctors. They must state the injury’s cause, necessary treatment, and long-term outlook. The last one is particularly crucial for life-changing, catastrophic injuries.
Examples of such severe injuries are those that affect the spine, spinal cord, skull, or brain. You can learn more about catastrophic injuries in the guide here.
The Worth of a Workplace Injury Lawsuit
Your lawsuit’s worth depends on your injury’s severity and long-term impact. If you win, it most likely will be worth more than what you can get from a worker’s comp claim. FYI, the average cost of worker’s comp claims from 2019 to 2020 was $41,353.
The amount you can recover may include the following:
- Outstanding and future medical bills
- Lost wages and potential future income loss
- Emotional distress
- Pain and suffering
To increase your odds of winning, consider hiring a lawyer. Their legal services include acquiring all possible evidence and filing the suit itself.
If you hire one of the best attorneys, they will represent you in court. They’ll fight for your rights and do what they can to get you maximum compensation.
Let a Lawyer Handle Your Lawsuit
A workplace injury lawsuit can be complex, especially if many parties are at fault. And if you get hurt at work, your top priority should be to recover, not deal with the stress of such legalities.
Thus, if you believe you have a strong case, your best bet is to hire a lawyer to work on your behalf.
For more law-related articles like this, check out our most recent legal guides!