In most cases, employees cannot sue employers for work-related injuries. Workman’s Comp in Melville NY, protects the employer from personal injury claims. The no-fault system offers employees certain benefits in exchange for the loss of the right to sue. However, there are a few exceptions, which will be discussed here.
Suing for an Employer’s Intentional Act
If you suffered a workplace injury, and you believe that the employer acted intentionally, you can sue in civil court. Tort claims include physical harm and emotional distress. The most common torts are:
- Battery (physical act causing injury)
- Assault (an attempt at, or threat of physical harm)
- False imprisonment (confinement without authority)
- IIED (intentional infliction of emotional distress)
- Fraud causing injury
- Defamation of character
- Privacy invasion
- Conversion of your personal property
Suing for an Injury Caused by a Third Party
If you were hurt at work and it wasn’t caused by you or your employer, you may be able to sue the third party that caused your injuries. For instance, if you believe defective equipment caused your injury, you can sue the company that made the equipment. If you are awarded damages, however, you may have to pay part of that amount to your employer or their insurer to repay any Workman’s Comp in Melville NY, benefits you received.
Suing for Wrongful Termination or Denial of Benefits
Most worker’s comp claims are handled through administrative processes rather than in court. You cannot appeal a decision until all administrative avenues have been taken, and everyone has done everything possible to settle the claim. After that time, you can take your case to a special worker’s compensation committee. You can only go to civil court after taking this step. To be sure that your rights are protected, you should hire Gilbert Blaszcyk and Milburn LLP.
Hiring a Local Worker’s Comp Attorney
If you don’t know whether you have a civil claim or worker’s comp case against an employer, talk to a personal injury or worker’s compensation lawyer. It may also be a good idea to call your state’s worker’s compensation claims office for advice and information. Or visit us Here!
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